Trees in conservation areas and Tree Preservation Orders
Trees are vital to the quality of our lives for a number of reasons:
- they contribute to making St Edmundsbury a more pleasant and attrative place in which to live and work;
- they are a familiar and cherished feature of many parts of St Edmundsbury;
- they provide a valuable habitat for wildlife;
- they act as a barrier to noise; and
- they produce oxygen, trap dust in their leaves and absorb carbon dioxide and other pollutants.
Because they are so important to our environment, the Town and Country Planning Act gives local authorities powers to protect trees in conservation areas, and to make Tree Preservation Orders.
Tree Preservation Orders
A Tree Preservation Order (TPO) protects individual trees or groups of trees that make a particularly important contribution to the public amenity of an area. This may be because of their contribution to the landscape, their intrinsic beauty, their scarcity, or simply because they screen an eyesore. To justify a Tree Preservation Order the trees should usually be visible from a public place.
Approval from the Local Planning Authority is required for felling or pruning a tree subject to a Tree Preservation Order. Applications are considered bearing in mind the amenity value of the trees balanced against the reasons put forward in the application for the works.
If an application is refused the applicant has the right of appeal to the Secretary of State.
Trees in conservation areas
Trees are integral to the character of St Edmundsbury’s conservation areas, especially those visible from public areas. The law requires that anyone planning to cut down or carry out work to a tree in a conservation area must give the council six weeks notice of his or her intention to do so. Notification must be made in writing giving details of tree species, location and nature of the work to carried out.
Unauthorised works to trees
Carrying out works to trees protected by a preservation order, or in a conservation area, without the necessary approval can be a criminal offence and could lead to prosecution.
There are some exceptions - for example, when a tree is dead, dying or dangerous and action needs to be taken quickly for safety reasons. Advice should be sought from the Tree and Landscape Officer, Jaki Fisher (01284 757346) before undertaking any works.
High hedges legislation
The right hedge can be an ideal garden boundary and help to bring in new wildlife to your garden, but the wrong hedge can cause you, or your neighbours, unwanted impacts such as subsidence and loss of light.
Since 1 June 2005 local councils have had new powers to assist where there are concerns about the height of a hedge.
Before the council can become involved, those affected need to provide evidence that they have attempted to resolve the problem with the owner of the hedge. This evidence will need to be detail in your complaint.
Simplifying the legislation:
- the legislation does not require all hedges to be cut down to a height of two metres;
- you do not have to get permission to grow a hedge above two metres;
- when a hedge grows over two metres the local authority does not automatically take action, unless a justifiable complaint is made;
- if you complain to your local authority, it does not follow automatically that they will order the hedge owner to reduce the height of the hedge. They have to weigh up all the issues and consider each case on its merits;
- the legislation only relates to hedges comprising of evergreen or semi-evergreen species and does not cover single trees or deciduous trees;
- the local authority cannot require the hedge to be removed;
- the legislation does not guarantee access to uninterrupted light;
- there is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints.
If you need further information then please contact the Tree and Landscape Officer, Jaki Fisher , on 01284 757346 or email trees.planning@stedsbc.gov.uk
