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Contact Details

• Planning & Regeneration Department
  Wyncham House
  207, Longlands Road,
  Sidcup, Kent
  DA15 7JH
• 020 8303 7777

Tree Preservation

Trees are an important natural asset and contribute to the quality of the urban and rural environment. They relieve the general uniformity of large suburban areas and soften the appearance of a built up area. As well as their contribution to the visual appearance of an area, trees play an important role in the ecological system and can filter noise and pollution.

As a matter of principle this Authority is concerned about the amount of unjustified pruning and felling of trees that takes place, and has included policies within the Unitary Development Plan, which seek the retention and protection of trees of amenity, nature or landscape conservation value.

• Tree Preservation Orders
• Conservation Areas
• Planning Conditions
• Hedges
• Dead, Dying or Dangerous Trees
• Offences
• Development Sites
• Terminology

Tree Preservation Orders (TPOs)

What is a TPO?

A TPO is a legal document, made by the Council, which aims to protect trees, which are making a good contribution to the visual appearance of the area and enables the Council to control proposed works to these trees. Within an Order trees may be identified individually, by groups, as an area or as a woodland. Trees within a hedgerow may be protected but hedges, shrubs and bushes cannot be protected by a TPO (see Hedges).

Requests for TPOs

The Council receives requests to make TPOs from Members of the Council and residents of Bexley, who think that particular trees, which are under threat, make an important contribution to their locality. TPOs may also be made as a result of development proposals being submitted to the Council where the retention of existing trees is considered important.

All suggestions for a TPO should be addressed to the Head of Development Control, Wyncham House, 207 Longlands Road, Sidcup, Kent, DA15 7JH.

Making a TPO

Before making a TPO the Council's Tree Officers will need to visit the site in order to inspect the tree, to assess its health, condition, form and contribution to visual amenity. We also have to locate the tree accurately on a plan for inclusion in the TPO document.

Trees that have major defects, fungal decay, a history of poor management or are exceptionally close to buildings are unlikely to satisfy the criteria for protection.

If the Council decide to make a TPO the Order will be served on all persons with an interest in the land affected by the Order, that is, the owner and occupier of the land on which the tree stands and the owner and occupier of adjacent land, especially if the tree overhangs any boundary.

Following the service of the TPO, interested persons have 28 days in which to support or object to the Order. Before the Council decide if the Order should be confirmed all representations will be considered.

Applications for works to TPO protected trees

Before making an application to the Council, persons who wish to undertake works to protected trees are recommended to obtain advice from an appropriately qualified professional, either a tree surgeon or an arboricultural consultant. Information about choosing a suitable person can be obtained from the Arboricultural Association.

Although Council officers are able to give advice on proposals, such advice must not be taken as an official approval and is given without prejudice to the determination of a formal application.

An application seeking permission to carry out works to protected trees may be made in writing provided the following details are included:

1. Sufficient information to enable the Council to identify the tree to which the application relates by reference to a plan or photographs.
2. Clearly detail the works for which consent is sought. (E.g. crown thin by X%, etc. See tree surgery terminology).
3. Include a statement of the reasons for making the application, together with supporting evidence where necessary. (E.g. If the proposal is to fell a tree implicated in building subsidence, reports on soil type, foundation depth and evidence of tree roots around the building will be required).

Any submission that does not include the above information will not be registered, and the applicant will be required to provide the additional details before the proposals can be considered.

In determining an application the Council will have regard to the impact the works would have on the tree's visual contribution to the area and to good arboricultural practice.

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Conservation Areas

The designation of a conservation area, of which there are currently 23 in Bexley Borough, provides protection to virtually all trees within its boundary. Section 211 of the Town and Country Planning Act 1990 makes it an offence for anyone to carry out works to trees in a conservation area without giving the Council 6 weeks written notice of their intentions (Conservation area address check list).

Exemptions from this requirement apply to works to trees having a stem diameter less than 75mm, measured over the bark, at a distance of 1.5m above ground level, and to trees which are dead, dying or dangerous.

Persons proposing to undertake works to trees located in a conservation area, that are not already protected by a Tree Preservation Order, must give the Council 6 weeks written notice. The notice must clearly identify the trees concerned and provide a precise description of the intended operations. Consultation with a tree surgeon before submitting the notification is recommended.

Within the 6-week period the tree will be inspected and the Council will decide if the works are acceptable or whether the tree should be protected under a TPO.

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Planning Conditions

In addition to being protected by a TPO or in a conservation area, trees may also be protected by a condition placed on a planning consent.

The Planning Act places a duty on the Local Planning Authority to consider the retention and protection of existing trees on development sites and the planting of new trees within a scheme of landscaping.

In these cases conditions may require the maintenance of trees within a new development for a period of years after building operations have been completed and permission would be required for works to these trees.

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Hedges

Since 1997 the Hedgerows Regulations have provided controls over the removal of important countryside hedgerows. The Regulations require notice to be given to the Council if a landowner intends to remove a hedgerow. It is a criminal offence to remove an important hedgerow without giving the necessary notice.

The Hedgerow Regulations do not apply to hedges within, or marking the boundary of, the curtilage of a dwelling house.

High Hedges

Part 8 of the Antisocial Behaviour Act 2003 came into effect on the 1st June 2005 and provides the Council with powers to determine a formal complaint about a neighbour's high hedge. (See High Hedges page).

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Dead, Dying or Dangerous Trees

Although works to protected trees normally requires the Council's formal approval, there are certain operations, which are exempted from obtaining consent and the Council can agree on an informal basis.

Anyone who proposes to remove dead or diseased wood from the crown of a tree, for reasons of safety, or fell a dead, dying or dangerous tree* should write to the Head of Development Control giving 5 days notice of their intention to do the works. This enables the Council to check the condition of the tree and agree if the works are necessary.

The tree should present an imminent threat to safety, not an alleged threat.

Failure to give the Council notice of the intended works could result in prosecution proceedings being instigated (see Offences) where the onus is placed on the defendant to prove that the works were exempted.

Please note that the Planning Act places the landowner under a duty to plant a replacement tree for one that is felled because it was dead, dying or dangerous. If the original tree was subject to a TPO, the new tree will automatically be protected by the Order.

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Offences

To carry out works to a TPO protected tree without obtaining the consent of the Council or giving the necessary 6 weeks notice for works to a tree in a conservation area, is a criminal offence. It is also an offence to cause or permit another person to carry out unauthorised works (e.g. the householder commits the same offence if they employ or ask another person to undertake the works).

It is a normal course of action for the Council, in dealing with these cases to pursue a prosecution through the local Magistrates Court. If found guilty in a Magistrates Court, a fine could be up to £20,000 or if the case is considered more serious, it could be sent for hearing in a Crown Court where there are powers to impose an unlimited fine.

In addition to the above actions, where a tree has been felled without the Council's sanction, there is a legal requirement to plant a replacement.

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Development sites

Before submitting planning applications for developments, such as new housing estates and commercial parks, etc., applicants are requested to employ a qualified person to survey the site, prepare a thorough report on any tree cover and to carry out an arboricultural impact study (AIS), to assess the scope for retaining existing trees within the development proposals.

In granting planning approval for developments the Council will impose conditions, which are likely to include the requirement to erect protective fencing around trees to be retained within the scheme, to ensure that the building works do not adversely affect their health.

As well as seeking the retention of healthy trees within development proposals, the Council may also impose conditions on planning approvals, which require the planting of new trees, within a scheme of landscaping.

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Tree Surgery Terminology