Trees and hedgerows

New legislation

High hedges disputes - new legislation came into force on 1st June 2005.

The Planning Act recognises the amenity value of trees, and may protect them by legislation whether or not they are growing on a potential development site.

Tree Preservation Orders may be placed on individual, groups or areas of trees and woodlands. Except in certain circumstances, consent is required from the Council for the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of protected trees. Where felling is authorised, replanting is usually required.

Planning Conditions may be imposed on the granting of planning permission requiring the retention and physical protection of existing trees, shrubs and hedges, and the implementation and establishment of an approved landscape scheme. When such conditions are imposed, only the trees needed to be removed to implement a planning permission may be so.

Trees within a Conservation Area are also protected under certain cirucumstances and require a Tree Works Application form to be completed.

Permission under the Hedgerow Regulations is required for the removal of agricultural hedges. Such hedges may be protected by a Hedgerow Retention Notice.