Trees and the Planning Process
The Legislation
The Town & Country Planning Act 1990 and associated Regulations empowers Local Planning Authorities to protect trees in the interests of amenity by making Tree Preservation Orders. Orders may be used to protect selected trees and woodlands if their removal would have a significant impact on the environment and its enjoyment by the public. Authorities have a duty to make Tree Preservation Orders, where appropriate, when granting planning permission.
Government guidance advises that Authorities ought to be able to show that a reasonable degree of public benefit would accrue before Orders are made or confirmed. The trees should therefore normally be visible from a public place such as a road or public footpath, although exceptionally, the inclusion of other trees may be justified. The benefit may be present or future (for example, when proposed development has taken place). Trees may be worthy of preservation for their intrinsic beauty or for their contribution to the landscape, or because they fulfil a screening function. The value of the trees may be enhanced by their scarcity, and the value of a group of trees or woodland may be collective only. Other factors (such as importance as a wildlife habitat) may be taken into account, but would not alone be sufficient to warrant an Order. Tree Preservation Orders are often made when trees are perceived as being under threat, but it is not necessary for the risk to be immediate for an Order to be made. If it is felt that trees are at risk generally from development pressures, or are at risk for other reasons, the making of precautionary Tree Preservation Orders may be expedient.
Tree Preservation Orders cannot be applied to shrubs or hedges, although most countryside hedgerows are covered by the Hedgerows Regulations (introduced in 1997 under the Environment Act). Consent is not required for the felling or pruning of trees that are dead dying or dangerous, and the Secretary of State takes the view that this exemption extends to the removal of dead wood or dangerous branches from an otherwise sound tree. Other exemptions from control include works in compliance with obligations imposed by an Act of Parliament, specific works by Statutory Undertakers on their own operational land, works on fruit trees in accordance with good horticultural practice, works to abate or prevent a legal nuisance and works to enable a development to take place in accordance with the terms of a planning permission.
In cases where Felling Licence or Woodland Grant Scheme applications are made to the Forestry Authority to fell protected trees, the decision of the Forestry Authority effectively over-rides the provisions of the Tree Preservation Order. The Forestry Authority does, however, consult Local Planning Authorities when considering applications affecting protected trees, and any comments received are taken into account when such applications are determined.
In Conservation Areas, it is a requirement to give the Local Planning Authority six weeks' notice before carrying out works on or felling any tree over 75mm in diameter (or 100mm if the works are being carried out to improve the growth of other trees). This gives the Authority the opportunity to consider the making of a Tree Preservation Order.
Consideration of applications for pruning and felling of protected trees
The main consideration is that of public amenity, which is essentially the landscape as viewed by the public. There are many circumstances under which pruning of trees may be considered reasonable, or even desirable. Once trees have been substantially pruned, it is often necessary to prune them on a periodic basis for safety reasons. If a tree has been pollarded, for example, it is usually in the interests of good arboricultural practice to re-pollard the tree at appropriate intervals.
Applications for the pruning of trees are considered on their own merit, with due regard for the reasons given for wanting to prune the trees and the circumstances under which the trees are growing. Works on trees or proposals for felling which might otherwise be considered undesirable may be acceptable if it is felt that trees are unacceptably hazardous or causing damage to property. Tree condition and health are likely to carry more weight than inconveniences such as the blocking of light, leaf fall and interference with television reception.
If the Council grants consent for the removal of trees, a condition will normally be imposed requiring that replacement trees be planted.
It is necessary to apply to and gain the consent of the Council prior to carrying out any works on protected trees. Local tree contractors are able to give advice on the appropriate management of trees and can assist tree owners in making applications to the Council.
Click on the links below to access the following information:
A copy of the Council’s tree-works application form, and associated guidance notes.
View the Countryside pages for further information and to download copies of information leaflets.
If you have any queries regarding tree related issues, please contact the Council’s Tree Officer David Colman on 01395 516551 or e-mail: trees@eastdevon.gov.uk
Trees on Development Sites
Trees are particularly vulnerable on development sites. They may be affected either immediately, if removal or pruning is necessary to accommodate a development, in the longer term as a result of disturbance during the development process, or by pressure to remove or prune trees from the occupants of new buildings. The benefits trees provide from an amenity and more general environmental perspective are well documented, and the Council endeavours to ensure that an appropriate balance is struck between the need and desire for further development within the District and the impact this may have on trees and the landscape.
The legal framework within which the Council operates is provided by the Town & Country Planning Act 1990 (as amended by the Planning & Compensation Act 1991) and associated regulations, and the Council is further guided in its approach by government guidance notes and circulars, British Standards and other relevant guides. Of particular relevance to trees on development sites is British Standard 5837, which provides essential information on surveying and tree protection and includes useful advice on other matters pertaining to trees and development.
