Consent for work on trees and hedges 

When you do not need treework consent for a tree protected by a TPO

Treework consent is not needed for a tree with a  TPO in the following situations:

• work is covered by a Forestry Commission Grant Scheme
• the Forestry Commission has granted a Felling Licence
• the tree presents an urgent and serious safety risk - contact us if you think this may be the case, so we can assess the level of risk; we may ask for photos 
• the work involves only removing dead branches
• where we have given planning permission for a development that requires the tree to be cut down (we consider TPOS when making planning permission decisions)
• in a commercial orchard, or where fruit trees are being pruned following good horticultural practice
• to prevent or control a legal nuisance (check with a solicitor or your legal representative what counts as a legal nuisance)
• to comply with an Act of Parliament in connection with proposed activities by a Statutory Undertaker (typically a utilities company), at the request of the Environment Agency, or for drainage work
• to comply with an Order under the Highways Act
• for national security purposes 

Apply for treework consent

We recommend you get advice from a tree specialist before applying for treework consent and that you ask the specialist to make the application for you. They will be able to give us the information we need so we can process the application efficiently.

To apply for treework consent to work on a tree with a TPO, use the Planning Portal. If you are not familiar with the Planning Portal, see How to use the Planning Portal.

After you apply for treework consent

After we get your application from the Planning Portal we will register it and send you confirmation we have registered the application. We will then assess how important the tree is and consult with the relevant parish or town council. We may also consult others.

There is no legal requirement for us to consult directly with neighbours or other members of the public, but we include all treework applications in our planning applications list.

When we make our decision, points we consider include:

• the contribution of the tree to public views 
• how important it is to the local landscape and local people
• the age and condition of the tree

We may also look at the ecology of the tree. 

We put all decisions in writing - you will get a letter or an email.

We will give consent if we are satisfied the application meets the following four criteria:

• the reasons for doing the work are sufficient to justify the work
• the work is not excessive
• the work follows good practice guidelines
• the work will not cause significant harm to public amenity

If we consider that the application does not meet one or more of these criteria, we will either refuse consent or contact you to talk about possible alternative work.

If we reach agreement about alternative work, we will ask you to confirm the amended plans in writing. We will then give permission subject to the condition that you follow the amended plans.

If we cannot reach agreement about alternative work, you can ask to withdraw your application and get further advice. Otherwise, we will refuse your application. 

How to give us treework notice

We recommend you get advice from a tree specialist before giving treework notice and that you ask the specialist to make the application for you. They will be able to give us the information we need so we can process the notice efficiently.

To give treework notice, use the Planning Portal. If you are not familiar with the Planning Portal, see How to use the Planning Portal.

After you give treework notice

After we get the treework notice from the Planning Portal, we will register it and send you confirmation we have registered the notice. The public can see details of the planned work in our planning applications list.

We then assess the tree and its contribution to the conservation area. The details of the notice go to the relevant parish and town council and they can give their views. We may consult with others.

Where we consider the work acceptable, we normally issue a decision notice to confirm the work is allowed. If you do not hear from us, you can do the work after 6 weeks have passed from the registration date.

If we decide that work on the tree would harm the conservation area, we may contact you to talk about alternatives.

We may also decide to make a Tree Preservation Order (TPO) to protect the tree for the long term. 

If we make a TPO , you will then need to apply for treework consent from us to work on the tree.  

Tree and hedges covered by planning conditions or covenants

Property covenants or conditions in earlier planning permissions may restrict the work you can do on a particular tree or hedge. 

For covenants, check the deeds for the property. Ask a solicitor if you need advice.

To check planning conditions, search planning applications.

To cut a tree down to ground level, you may need a felling licence even if the tree does not have a TPO . Felling licences are only needed for trees outside private gardens, orchards, churchyards and public open spaces.

Rules for work on ancient woodland and veteran trees

Ancient woodland is any area that has been wooded continuously since 1600 or earlier. An area of ancient woodland may contain open space and younger trees as well as old trees. Wood pastures and historic park land can also count as ancient woodland even though the tree density is lower.

Ancient and veteran trees can be individual trees or groups of trees.

Developments that will harm or destroy ancient woodland, ancient trees and veteran trees

Planning permission for development will be refused if the development will result in the loss or deterioration of ancient woodland, ancient trees or veteran trees unless both the following apply:

• there are wholly exceptional reasons
• there is a suitable compensation strategy in place

To discuss possible work, contact us.

To find out more about planning permission for ancient and veteran trees, see GOV.UK.

For maps showing where woodland has been identified as ancient, use the GOV.UK Magic Map. Choose 'habitats and species' from the table of contents, then choose 'woodland' then 'ancient woodland'. Scroll in on the map to check the relevant area. Note that not all ancient woodland has yet been identified - you cannot be sure that woodland is not ancient simply because it is not on the map.

permission to work on hedgerows that are not part of a garden (countryside hedgerows)

You may need to get permission if you want to remove a hedge that is not part of a garden. 

This is because the law protects countryside hedgerows that meet particular criteria for length, location, and 'importance'. To see if a hedgerow is likely to count as protected, see GOV.UK - hedgerow regulations.

How to apply to remove a countryside hedgerow

To apply to remove a countryside hedgerow, use the Planning Portal. If you are not familiar with the Planning Portal, see How to use the Planning Portal.

After you apply to remove a hedgerow

After we get your notice from the Planning Portal, we will register it and send you confirmation we have registered the notification. We will assess whether the hedgerow should be considered important under the hedgerow regulations and consult the relevant parish council. 

There is no legal requirement for us to consult directly with neighbours or other members of the public, but we include all hedgerow removal notifications in our planning applications list.

We will then send you either:

• a hedgerow retention notice - if the hedge is protected and you cannot remove it (you can appeal against our decision if you disagree with the decision)
• a written notice giving permission to remove it in the way you have proposed

We normally give decisions within 6 weeks, but the parish council may ask for longer to consider the proposals. We will contact you if this happens.

If you do not hear from us, you can do the work after 6 weeks have passed from the registration date. 

Rules to protect wildlife in trees and hedges

You should avoid working on trees and hedges during the nesting season (between 1 March and 31 August). It is a criminal offence to knowingly damage or destroy an active nest or the eggs or birds. 

You must comply with all laws protecting wildlife and may need a wildlife licence if your work affects protected species such as bats or dormice.

To find out if the area has been identified as an important wildlife habitat, use the GOV.UK Magic Map and tick 'Habitats and species' in the table of contents.