Statute Law

Felling Licences

Felling trees in Great Britain (but not in N. Ireland or the inner London Boroughs) is controlled by the Forestry Commission (Forestry Act 1967). A licence is normally required to fell growing trees (not for topping and lopping) but in any calendar quarter up to 5 cubic metres may be felled by an occupier without a licence provided not more than 2 cubic metres are sold.

You do not normally need a licence however to fell if:

  • The felling is in accordance with an approved plan of operations under one of the FC's schemes.
  • The trees are in a garden, orchard, churchyard or public place.
  • The trees do not exceed 8cm in diameter, measured 1.3m from the ground; or in the case of thinnings, do not exceed 10cm in diameter; or in the case of coppice or underwood, do not exceed 15cm in diameter.
  • The trees are interfering with development authorised by planning permission or statutory works by public bodies.
  • The trees are dead, dangerous, causing a nuisance or are badly affected by Dutch elm disease.
  • The felling is in compliance with an Act of Parliament.

Don't forget to check for Tree Preservation Orders (TPO's), Sites of Special Scientific Interest (SSSI's), Conservation Areas or other designations.

If in doubt, please consult your nearest Forestry Commission Conservancy Office, or your local authority Tree Officer. In N. Ireland, contact the Forest Service.

Useful Reading is: FC Booklet "Tree Felling - Getting Permission" (2000).

Tree Preservation Orders

Under the Town & Country Planning Act 1990, Local Planning Authorities (LPA) have specific powers to protect trees by making Tree Preservation Orders (TPOs). Under TPO legislation, it is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without the written permission of the LPA. The legislation was revised in 1999 under The Town & Country Planning (Trees) Regulations 1999.

The Planning (Listed Buildings & Conservation Areas) Act 1990 gives LPAs the power to designate Conservation Areas. Trees in Conservation Areas which are already protected by TPOs are subject to normal TPO control. However, the Act also makes provision for other trees in Conservation Areas too. Anyone proposing to cut down or carry out work on a tree in a Conservation Area is required to give the LPA six weeks prior notice. There are exemptions to this so contact your local LPA Tree Officer for more information and advice.

Further information on TPOs and trees in Conservation Areas is in the leaflet "Protected Trees: A Guide to Tree Preservation Procedures" available free from DETR Publications, on telephone 0870 1226236.

The Department of Transport, Local Government & the Regions has a leaflet entitled "Protected Trees: A Guide to Tree Preservation Procedures". Written for the benefit of tree owners, the general public and amenity groups, it answers 23 Frequently Asked Questions about tree preservation procedures. Available on-line from the DTLR website - www.dtlr.gov.uk

There may also be special restrictions in National Parks and Sites of Special Scientific Interest (SSSIs).

If you need more information, contact a tree specialist or ask your LPA Tree Officer if they have a list of recommended tree specialists in your area.

High Hedges

Part 8 of the Anti-social Behaviour Act 2003 came into operation in England on 1 June 2005. Under this Act, district and local authorities, the City of London and the London Boroughs, are required to adjudicate on whether a hedge is adversely affecting the complainant's reasonable enjoyment of their property. The authority may then issue a formal notice setting out the actions required, and a timescale for taking the actions. Failure to carry out work could lead to a fine of up to £1,000.

The Office of the Deputy Prime Minister (ODPM) has published two free explanatory leaflets for the public:

  • "Over the garden hedge" offers advice on how people can settle these disputes themselves.
  • "High hedges: complaining to the Council" explains the types of complaints that local authorities can consider and how they deal with them.

Copies available at www.odpm.gov.uk/treesandhedges

Others

Regulations came into force under The Hedgerow Regulations 1997 which make it an offence to remove important hedgerows in the countryside without prior approval from the LPA. Owners must give their LPA notice of their intention to remove a hedgerow along with a plan and a reason for doing so. If in doubt, contact your LPA.

"The Hedgerow Regulation 1997 - A Guide to the Law and Good Practice" is available from the DTLR website.

Under Section 154 of the Highways Act 1980, local authorities can order an occupier of land to cut back overhanging vegetation that may be causing a danger, obstruction, or interference to users of the public highway.
Statute Law