Applications for Tree Works
Applications for Tree Surgery or Felling
Responsibility for maintaining trees covered by a Tree
Preservation Order (
TPO)
normally remains with the
owners of those trees.
When owners or neighbours want to prune or even fell a
TPO
tree they must apply in writing to our Landscape Officer.
The tree will be inspected by our Landscape Officer who will
prepare a report, recommending whether or not the tree work
proposed can go ahead. The inspection will consider the health and
the condition of the tree, its relationship with the nearby
buildings and its effect upon the amenities of their occupiers. A
decision will then be made to grant or refuse permission by the
Landscape Officer under delegated powers.
If permission is given for the felling of a
TPO
tree there is no automatic
obligation on the owner to replace the tree. However, in order to
protect the visual character of the locality, we would usually
impose such a condition on the felling consent.
If an application to carry out work to a
TPO
tree is refused, the applicant
has the right of appeal to the Secretary of State for the
Environment. An applicant may also appeal to the Secretary of State
against the requirements of any condition imposed by us on consent
to carry out such tree works. The address is Government Office of
the South East, Bridge House, 1 Walnut Tree Close, Guildford, GU1
4GA or telephone 01483 882255.
Appeals to the Secretary of State must be lodged within 28 days
of receipt of our decision. Such appeals are usually determined by
the Secretary of State on the basis of written statements following
a visit by an Inspector from a Government Office, although both
parties have the right to ask the Secretary of State to hold a
public local inquiry or hearing into the matter.
In certain circumstances, if consent is refused (or granted
subject to conditions) by the Planning Authority, compensation can
be sought, but only in limited circumstances and if actual loss or
damage results. Specialist advice from an independent solicitor is
desirable in the pursuing of such a claim.
Trees which are Dead, Dying or have become Dangerous
If a Tree Preservation Order or Conservation Area tree prove to
be dead, dying or have become dangerous it can normally be removed
without formal consent from us. In the case of
TPO
trees, it is a legal
requirement that a replacement tree be planted unless we confirm in
writing that a replacement to be deemed unnecessary. Any
replacement tree is protected by the original Tree Preservation
Order.
In cases of dead, dying or dangerous trees, we must wherever
possible be given written notice supported by a report from a tree
surgeon and reasonable opportunity to inspect the tree before the
removal works commence usually a minimum of five days notice.
Nuisance Trees
Permission is sometimes not required to carry out works to a
TPO
or Conservation
Area tree in order to abate a nuisance or in compliance with an
obligation imposed by or under an Act of Parliament. In this
particular context a nuisance has to be one that is actionable in
law. Such matters of nuisance can involve complex legal issues and
in such cases it is important to liaise with our Landscape Officer
before proceeding with the work involved.
Notifying or liaising with us is important because the person(s)
involved in carrying out the work may otherwise become vulnerable
to prosecution.
Search Tree Applications Orders
You can search by entering a full or partial street name or postcode or by weekly list date.