The following Planning practice note provides comprehensive and up to date legal information covering:
Generally, work to trees does not constitute development under section 55 of the Town and Country Planning Act 1990 (TCPA 1990) so that planning permission is not required (see Practice Note: Operational development).
However, TCPA 1990, s 197 imposes a duty on a local planning authority (LPA) to:
ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees, and
to make such tree preservation orders (TPOs) as appear to the LPA to be necessary in connection with the grant of such permission
Works to trees should therefore be carried out in compliance with any applicable planning conditions and, if trees are protected by a TPO, certain works to such trees are prohibited without the LPA’s consent (see Protecting trees through tree preservation orders). Additionally, TCPA 1990, s 211 (and related regulations) requires the LPA to be notified in advance of works to certain trees in conservation areas which are not protected by a TPO (see Works to trees in conservation areas).
As such, there are three key pieces of information to ascertain when considering works to trees:
are there any planning conditions in an existing planning permission that might apply?
is the tree subject to a TPO?
is the tree in a conservation area?
Please note that
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