Trees and Landscaping
Under the Town and Country Planning Act 1990, South Bedfordshire District Council is empowered to make Tree Preservation Orders where it would appear expedient in the interests of amenity, and it has a duty to do so when considering Planning applications.
The objective of a TPO is to protect trees that make a significant impact on their surroundings, for example, if they form an important feature within the local landscape, or if they have an historical association with the local area. A TPO can be made in respect of an individual tree, a group of trees or woodland including hedgerow trees but not hedges, bushes or shrubs.
Once a TPO is made it becomes an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree that is protected by that Order without first gaining the District Council's consent.
Copies of all TPO's are kept at The District Offices, High Street North, Dunstable, Beds and are available for public inspection.
To find out if a tree is protected please call: 0845 849 6161 or email planning.online@southbeds.gov.uk. To find out if a tree is situated in a conservation area, view our Local Plan which shows the boundaries of the 22 conservation areas within South Beds.
Applications to carry out works on protected trees:
Anyone who is intending to carry out works on a protected tree must apply for consent from South Bedfordshire District Council by submitting a Treeworks Application. If you do not own the tree/s then you must also gain consent from the tree owner prior to carrying out the work.
If work is undertaken on a protected tree without first gaining consent from the District Council a criminal prosecution could follow leading to a substantial fine of up to £20,000. Trees that are dead, dying or dangerous are exempt from the regulations and so no formal consent is required. However the Council should be given five days notice prior to any works being carried out, unless it is an emergency.
The Council may either give approval, or refuse consent for works on a protected tree, or it may give conditional consent. A condition requiring that a replacement tree be planted is usually attached to a permission granting consent to fell a preserved tree. The owner has a right of appeal against any refusal of consent to do works to a tree.
If you intend to carry out work on a tree within your ownership, but you are unsure whether or not it is protected, or if you see work being carried out on a tree that you think may be protected, contact our Landscape Team.
Hedges
The Hedgerow Regulations came into force in 1997 to protect the most important hedges in our countryside from being removed. If you wish to remove a countryside hedgerow you will need to apply to our Landscaping Team for permission by submitting a Hedgerow Removal Notice (which can be obtained from our Landscape Team). Once the Council receives the notice it has six weeks in which to respond by either approving the proposals, or by issuing a Hedgerow Retention Notice if the hedgerow is found to be important.
It should be noted that garden hedges are not affected by the regulations even though the land on the other side of the hedgerow may be used for one of the purposes set out below. For example, where the hedgerow marks the boundary line between agricultural and residential land, such as on the edge of town, the regulations do not apply.
If you remove a hedgerow without permission you may face an unlimited fine and you may also have to replace the hedgerow.
You do need permission to remove a hedgerow if it is on:
Land used for Agriculture;
Common Land;
Land used for Forestry;
Land used for the breeding of horses, ponies or donkeys;
Village Greens;
Local Nature Reserves; and
Sites of Specific Scientific Interest.
You do not need permission under these regulations it:
The hedge is shorter than 20 metres and not connected to other hedgerows;
The hedgerow is within or makes up the boundary of your garden;
You are removing it to obtain access in substitution for an existing one which provides access to the land;
The District Council have given consent for new development following the submission of a planning application (except in the case of permitted development rights);
To comply with statutory plant or forestry health order;
To comply with a statutory notice for preventing interference with electric lines;
In connection with statutory drainage or flood defence work;
The work that you intend to carry out is considered as proper hedgerow management, and will not result in the destruction of the hedgerow (i.e. laying and the removal of deal or dying shrubs or trees);
It is also important for you to check that there are no covenants, planning permissions or conditions requiring the hedgerow to be retained.
For Further Information
Statutory Instrument 1997 No. 1160: The Hedgerow Regulations 1997 (Crown Copyright 1997) - http://www.opsi.gov.uk/si/si1997/19971160.htm
For information or advise please contact a member of the South Bedfordshire District Council Landscape Team on 0845 849 6161, email planning.online@southbeds.gov.uk
High Hedge Legislation
The provision of the High Hedge Act 2004 is being dealt with by the Environmental Health Service of South Bedfordshire District Council who can be contacted on 0845 849 6131. For further information about High Hedges see our Publication List.
Creating your Landscaping Scheme
Any new development must take into account existing features on the site such as trees, shrubs, hedgerows, ponds and any changes in level. The aim should be to work with and around these features, rather than to remove. This will not only lead to a more interesting design, but will also help to preserve the character and nature conservation value of the area. Hedges also provide privacy and protection for prevailing winds.
Applications for new development will generally require a landscaping scheme, to identify existing trees and landscape features to be retained, including details of tree protection to comply with BS5837:2005 Trees in Relation to Construction. Together with a scheme for new planting. This should identify the species of trees and shrubs as well as their location. Free specialist advice is available from the Landscape Team.
Felling Licence
Whether or not a tree preservation order is in force you must first apply to the Forestry Commission for a felling licence if you want to cut down trees containing more than five cubic metres of wood - as long as no more than two cubic metres of any exempt amount are sold - any any calendar quarter. There are exceptions to this rule, which are set out in the Forestry Act 1967 and Regulations made under that Act.
For example, you do not need a licence for felling trees in gardens;
Contravention of the felling licence controls can also incur substantial penalties
The Forestry Commission can be contacted at:
Forestry Commission
East of England
Santon
Downham
Brandon
Suffolk
IP27 0TJ
Tel: 01842 815544
Fax: 01842 813932
Email: fc.eeng.conservancy@forestry.gsi.gov.uk
For trees in grass verges adjacent to highways, please contact Beds County Council Highways Helpline 01234 228661
Links to:
View Weekly Treeworks Applications (Received & Decided)
Tree Publications
Guidance on pruning deciduous broadleaf trees (PDF 310KB)
Treeworks Application Form and Guidelines
