Trees, Hedgerows and the Law

3 Statutory Protections Offered to Trees in England

1. Tree Preservation Order (TPO). This is an order, made by a Local Planning Authority (LPA), to protect trees or woodlands. Owners require written permission from their LPA prior to carrying out works.
2. Conservation Area. Trees growing within a designated conservation area are subject to the same controls as TPOs (section 211 of the Town and Country Planning Act 1990). The removal of trees will require notification to the LPA.
3. Felling Licence. The Forestry Act requires a felling licence be obtained for the removal of a large volume of trees growing outside of a garden or other defined areas. The licence is obtained from the Forestry Commission and applies to those intending to fell more than 5 cubic metres of timber in any single calendar quarter.

ARC Arboricultural Solutions helps clients to make applications or notifications to a Local Planning Authority for works to, or the removal of a protected tree. We are experienced in making representations against the serving of a Tree Preservation Order, or in appealing an LPA decision for refusal of an application. ARC consultants can make your application for a Felling Licence.

The Protection of Hedgerows

Hedgerows are protected under the Hedgerow Regulations (1997). These generally apply to hedgerows over 20m in length, or connected at both ends to another hedgerow in a non-domestic setting.

The implementation of Hedgerow Regulations can be complex. For example, new access to paddock land may be granted Permitted Development Rights but if the access requires the removal of a hedge, an application to the Local Planning Authority may be required.

An ARC Arboricultural Solutions consultant can support you in making a hedgerow removal application or in establishing if you need to apply. We’ll manage the process for you, and carry out pre-application research if necessary.