Unlawful Tree Surgery or Felling

It is a criminal offence to carry out works to a tree subject to either a provisional or confirmed Tree Preservation Order without first obtaining any necessary formal planning consent to do so from us or the Secretary of State.

The present penalties are up to a maximum fine on summary conviction of £20,000 per tree. On conviction on indictment such fines can be unlimited and the Court will have regard to any financial benefit which has accrued as a result of the offence.

New Building Development

When granting planning permission for buildings on land where trees are to be retained, we would normally impose conditions on the planning permission requiring those trees to be properly protected throughout the building process. Landscape conditions can be incorporated in a planning permission to establish/improve the environment within a development scheme.

Tree Preservation Orders or Conservation Area trees which need to be cut back to allow the construction of buildings which have been granted planning permission, can be cut back without need of further application, but only insofar as it is absolutely necessary.  A method statement may be required to clarify how and what was going to be done. Trees that have to be felled to enable authorised building work to start, can also be felled without such an application as the implications for the trees will have been considered as part of the planning application.

If you are in any doubt about this do not hesitate to telephone us for advice on 01233 331111.

Felling licences