Trees
Protected trees include those covered by a Tree Preservation Order (TPO) or those which grow in a conservation area. You will need to contact the council if you wish to prune branches overhanging from a neighbour’s protected tree. To see if a tree is protected by a TPO or situated within a conservation area, please use our East Herts Online Mapping
Tree Preservation Order
If you wish to carry out works to a tree(s) protected by a TPO you must apply and include all relevant information as this will be the basis for a decision to be made on.
- Conservation areas – You must give six weeks’ notice before carrying out work to trees in a conservation area that are not protected by a TPO. This is achieved through a Section 211 notice.
- Permitted development – You must apply or give notice to your LPA if you want to work on a protected tree where you are carrying out development where full planning permission is not needed.
- Planning permission – Where full planning permission has been granted you might need to apply or give notice to the LPA before carrying out work to protected trees. If a tree falls under a TPO and is in a conservation area, then procedure follows that of the TPO.
Application for Tree Works:
Works to Trees Subject to a Tree Preservation Order (TPO):
A Tree Preservation Order (TPO) is placed on a tree, group of trees or woodland with the aim of protecting them. Through prohibiting, without the Local Planning Authorities (LPA) consent:
- Felling
- Topping
- Lopping
- Uprooting
- Wilful damage/destruction
Owners of the trees must maintain their trees, and although the council would always encourage good tree management it is unable to require maintenance work just because a tree falls under a TPO.
Information required:
To support your application for works on a tree, you will be required to provide the following details:
- A sketch map of the tree(s) location. This does not have to be to scale but demonstrating the distances between trees, boundaries, properties and relevant features is advised. Adjoining properties and roads should be included.
- The tree type and condition.
- The applicant and other parties’ interest in the tree.
- Description of the intended works and reasons for the works, showing which trees will be affected and the type of work which will be done on them. (Applicable when a tree is under protection of a Tree Preservation Order (TPO)).
- Any replacement trees which will be planted. (Applicable when a tree is under protection of a TPO).
This must be detailed enough for the local authority to understand the proposals.
Where trees are protected by a TPO you must include the reasons for work and where the trees are being felled. Followed by any proposals for planting replacement trees including the quantity, species, position and size, alternatively any reasons for not wanting to replant.
Notification of Proposed Works to Trees in Conservation Areas (CA) (Section 211 notice)
A section 211 notice is required when performing work on trees with a trunk diameter greater than 75mm which are in a conservation area which are not subject to a Tree Preservation Order (TPO). The purpose of this is to give the council an opportunity to consider whether a TPO should be made in respect of the tree (or trees).
The council can reply by making a TPO or by allowing the work to go ahead. As it is not an application for consent, it cannot be refused or accepted with conditions.
A replacement tree should be planted in the space if a tree is removed or destroyed. This should be of the same species and size within reason.
If there is not enough information in a section 211 notice, then the authority may request further details or give advice on resubmission.
When consent is not required
Consent is not required when a tree is dangerous or dead, however, you should be prepared to prove that the works fall within an exemption. You are still advised to contact the Council about any proposed work, especially in the case of felling.
Before you apply
You may wish to discuss your needs with a competent arborist (tree surgeon) and should read the following guidance: Guidance Notes for Tree Applications
Who can carry out tree work?
When deciding who should work on your tree(s) you should bear in mind:
- Tree work is a dangerous activity and should be carried out by trained, competent and appropriately insured arborists
- Tree work should be carried out to a good standard. This council will always require the work to comply with BS 3998 recommendations for tree work
Enforcement
The council can prosecute when work is carried out without their consent on a preserved tree, or without the required notice on a tree in a conservation area or when exemptions are misused.
If you would like to apply to carry out work to a tree that is protected by a Tree Preservation Order (TPO) or that is growing within a Conservation Area please use the following link to the Planning Portal.
If you would like to request a hard copy of the form, please request one via our Contact us page.
If you want to know if permission has been granted to carry out work on a protected tree please contact us. We keep a register of applications and decisions and this information is available to the public.
If you would like to report damage or harm being caused to a tree that is protected by a TPO or in a conservation area, please report it via our contact us page
Useful resources:
