TREE PROTECTION IN TENDRING DISTRICT
TREE PRESERVATION ORDERS (TPOs)
Trees make a significant
contribution to the character and appearance of the District. Those
trees which make a valuable contribution to amenity may be
protected by the use of Tree Preservation Orders. This form of
protection may be applied to individual trees and woodlands. It is
an offence to fell or carry out surgery on such trees without the
consent of the Council. However, this is not necessary if the tree
is dead, dying or dangerous, or fruit trees grown for commercial
production of fruit, although replacement trees will normally be
required if a protected tree is felled.
With effect from 1st
October 2008, it is a mandatory requirement to submit
applications to a local authority for works to TPO protected trees
on a standard application form which is used by all local
authorities in England, either completed by hand and sent to the
authority, or completed on-line and submitted electronically via
the
Planning Portal. If permission is refused the applicant has the
right of appeal to the Planning
Inspectorate, who then make a final
decision.
When Planning Permission is granted for a
development it overrides a Tree Preservation Order where it is
necessary to fell protected tree(s) to implement that permission.
However, this does NOT apply to development to be constructed under
permitted development rights.
Government guidance re trees with preservation
orders
Additional guidance
TREES IN CONSERVATION AREAS
Those trees in
Conservation Areas which have a trunk diameter of more than 75mm,
at a height of 1.5m from the ground, may not be felled or lopped
unless six weeks written notice has been given to the Council.
Whilst it is acceptable to give notice to a local authority for
works to trees in Conservation Areas on a standard application
form, either completed by hand and sent to the authority, or
completed on-line and submitted electronically via the
Planning Portal, it is not compulsory to apply in this way. A
letter describing the tree species, location and extent of the
proposed work(i.e. felling/crown thinning/removal of lower branches
will be accepatble and sufficient. If the Council considers that
the tree(s) make a significant contribution to the appearance of
the area and that the proposed works are inappropriate it can make
a Tree Preservation Order to stop the works proceeding (see above:
tree preservation orders).
FELLING LICENCES
A Felling License is
required if an owner wishes to fell more than five cubic metres of
timber per calendar quarter - these are issued by the Forestry
Commision. The Commission consults the Council on applications for
Licenses in most cases. When appropriate, the Council often
negotiates revisions if visual amenity is adversely
affected.
NEW PLANTING
The Council promotes a
tree planting scheme by grant aiding Parish and Town Councils
throughout the District. This is achieved by the use of Tree
Wardens who, among other things, identify planting sites, chose the
species, bid for the grant aid, carry out the planting and
subsequently maintain it. In this way many new trees are planted
each year.
COUNTRYSIDE HEDGEROWS
Hedgerows are distinctive
features of the countryside in the District and are the most
traditional type of field boundaries in many
areas. They form an integral part of the district's rural 'feel'
and contribute positively to the character and interest of the
landscape. It is against the law to remove most countryside
hedgerows without permission.
Prior to the removal of a hedgerow six weeks
prior notification must be given to the Council using
The Planning Portal. An assessment of the hedgerow will then be
made against set criteria to determine if it is important in terms
of its archaeological, historical, wildlife or landscape
value.
If the hedgerow is not 'important' permission
will be given for its removal, however if the hedgerow satisfies
the criteria under which it is considered 'important' a Hedgerow
Retention Notice will be issued to protect it.
There is a right of appeal against a Hedgerow
Retention Notice that can be made to the
Planning Inspectorate on behalf of the
Secretary of State, who then makes a final decision.
For information about trees on Tendring
District Council land please contact Leisure Services on 01255
686677
For information about trees on road verges
and adjacent to the road please contact Essex County Highways on
01206 838600
If you have any queries or comments regarding
trees in our district please contact our Principal Tree and
Landscape Officer, Clive Dawson.
cdawson@tendringdc.gov.uk |