Planning Practice Note
Trees and Hedgerows
INTRODUCTION
The purpose of this Practice Note is to inform the public of the Council's planning duties, powers and policies for:
- trees:
- tree preservation orders (TPOs);
- applications to do tree works under TPOs;
- TPO appeals;
- replanting conditions;
- notifications of works to trees in conservation areas;
- landscaping schemes;
- dangerous trees;
- forestry schemes;
- felling licences.
- hedgerows.
TREES
Trees are a much-loved feature of our environment. Many people have a great attachment to particular specimens or areas of woodland. This attachment can cause people to lose sight of some fundamental facts about them:
- There are many millions of trees in South Shropshire. Resources are not available for more than a tiny representative sample to receive special treatment.
- Trees are living things and are prone to disease and other failures.
- People often plant trees in places that are not large enough for them to reach their full mature size.
- Tree roots can be very invasive and damaging to the foundations of buildings.
- Over-mature and dead or dying specimens can be dangerous to people and property.
Tree preservation orders
Under the Trees Regulations, the LPA may make a Tree Preservation Order (TPO). This prohibits the felling, lopping or pruning of the tree (or any other wilful damage to it) without the consent of the LPA. TPOs can also cover groups of trees.
The Council's policy is to make a TPO only when trees, or groups of trees are:
- specimens of townscape or landscape significance;
- sound and healthy;
- do not give rise to any safety concerns;
- under active threat of removal or damage.
The Council may make TPOs without notice or consultation, but must take into account any representations received from the owner (or other persons affected) before confirming it.
Appeals
There is no right of appeal against a TPO, but an appeal may be made to First Secretary of State in the Office of the Deputy Prime Minister (FsoS) if consent to do works to a TPO tree is refused.
Applications to do works to TPO trees
Once a tree has a TPO on it, the owner must make an application for consent to carry out works to that tree. These are dealt with on their merits. The Council always takes expert advice. Refusals of consent are liable to appeal to the FSoS.
Please remember that it is an offence to undertake works to a TPO tree without consent.
Replanting conditions
When consent is granted to fell a TPO tree, the Council can impose a condition that requires a suitable replacement to be planted.
Notifications of works to trees in conservation areas.
In a conservation area, works to trees are unlawful unless 6 week's notice is given to the LPA. This gives the LPA an opportunity to con-sider making a TPO. As the LPA is not granting consent in such cases, it cannot impose any conditions. A TPO will be made if the usual requirements for making a TPO are met.
Notifications are dealt with by officers under delegated powers, in consultation with the Chairman of the Development Control Committee if representations are made.
Please remember that it is an offence to undertake works to a tree in a conservation area without having given the requisite 6 week's notice. This provision applies only to trees over 75mm diameter measured 1.5 metres above ground.
Landscaping schemes
The LPA often grants planning permissions subject to landscaping schemes which usually involves tree planting. The following guidelines are also applicable to general use:
- before planting any trees be sure you understand how large they will grow;
- seriously consider planting locally native species. These are more likely to thrive and provide better wildlife habitats; and
- for a guide as to species which will grow well, look at what is already growing locally.
Dangerous trees
The Council has powers to require landowners to make safe dangerous trees. It can also do works in default and require the landowner to pay the cost. The Council prefers not to use these powers if at all possible. Instead it asks landowners to co-operate when such situations occur and to act upon expert advice.
- Report a Dangerous Tree
Forestry schemes
Forestry is regulated by the Forestry Commission which gives grants for planting new woodlands in certain circumstances under the Woodland Grant Scheme.
Felling licences
Anyone intending to fell more than 5 cubic metres of timber per calendar quarter (or 2 cubic metres if it is for sale) must have a licence from the Forestry Commission.
HEDGEROWS
Hedgerows are protected from removal if they satisfy the test for 'important hedgerows'. This is a complicated test involving a number of factors including:
- it must be more than 30 years old;
- its archaeology and history;
- whether it contains certain rare and endangered species;
- the number of 'woody species' it contains;
- certain landscape criteria.
There are a number of exceptions to the Regulations:
- hedges on the boundaries of domestic gardens;
- the formation of some accesses;
- when planning permission has been granted;
- for highway purposes;
- by statutory undertakers;
- for the proper management of the hedge.
It has been estimated that only about 15% of all hedgerows satisfy the test as 'important hedgerows'.
No hedgerow may be removed unless:
- a notice of intent to remove it (a Hedgerow Removal Notice) has been served on the LPA, and
- the LPA has not served a 'Hedgerow Retention Notice' within 6 weeks.
Consultations on applications
The LPA consults the following bodies on Hedgerow Removal Notices:
- Shropshire County Council on matters relating to the history of the hedgerow and its contribution to amenity;
- Shropshire Wildlife Trust on biodiversity issues.
Please remember that it is an offence to remove a hedgerow:
- without serving a Hedgerow Removal Notice;
- before 6 weeks has elapsed after service of a Hedgerow Removal Notice;
- which is subject to a Hedgerow Retention Notice.
HIGH HEDGES
The Council now deals with complaints about High Hedges under Part 8 of the Anti-social Behaviour Act 2003. The relevant provisions were introduced in June 2005.
CONTACT NUMBERS
- Forestry Officer (Shropshire County Council), Tel: (01743) 252569
- Forestry Commission, Tel: (01584) 877544
- Shropshire Wildlife Trust, Tel: (01743) 284280
- Planning Reception, Tel: (01584) 813360
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
E-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
