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Trees in Bridgnorth

Making an application to work on a tree subject to a Tree Preservation Order or within a Conservation Area

The information below should help with the basic legislation and procedures relating to trees covered by a Tree Preservation Order, or those that are located within a Conservation Area. If you are in doubt as to whether a tree is covered by an Order or is located within a Conservation Area, please contact the Environmental Enhancement Officer on 01746 713149 or devpol@bridgnorth-dc.gov.uk.

Tree Preservation Orders

Councils can protect trees. This can be done under the Town and Country Planning Act 1990 (as amended) through making a Tree Preservation Order (TPO) on a visually important tree or group of trees. There are special guidelines governing what works may be done to a tree subject to a TPO.

A TPO can be applied to any species of tree. Rare (e.g. Black Poplars) or unusual trees that have particular historic interest are more likely to be protected with a TPO. Trees in hedgerows can be included, but hedges, bushes and shrubs cannot. TPOs are not normally placed on fruit trees cultivated for fruit production or on trees within areas that Local Authorities control such as on highways or in parks.

There are currently Tree Preservation Orders protecting several hundred trees in the District. It is a criminal offence to cut down, top, lop, uproot, wilfully damage or destroy any tree covered by a TPO unless the Council has specifically permitted the work. Fines for illegal work can be as much as £20,000 per tree.

The Council's policy (in the Bridgnorth District Local Plan) is that 'Tree Preservation Orders will be made to protect individual trees, groups of trees or woodlands that make a significant contribution to the amenity and character of an area and are under a known threat of felling or that are fine and rare species that make a particular contribution to the area's quality, character and interest'.

TPOs may often be made when the Council is considering planning applications for development. This is because development sites may contain trees that make an important visual contribution to the public amenity of the area. Before this can be done, however, the Council must be satisfied about the health of the tree.

Before a TPO is made, the Council assesses the tree against a number of key criteria:

• The tree should be in a reasonably healthy and sound condition, or be capable of being made so, and likely to have a reasonably long life-expectancy.
• It should be a good and attractive specimen and not be seriously misshapen or damaged.
• It should make a visual contribution to the community at large and not be simply for private benefit.
• It should not be so close to existing or proposed buildings that it will seriously diminish amenity interests of occupiers, or the buildings' structural stability.

It is not practical to protect every tree matching these criteria, so a TPO is normally considered where a tree is thought to be at risk, such as through proposed building development.

If a TPO is considered appropriate, the Council's first step will be to make a Provisional TPO. This has immediate effect but only lasts for six months and will then lapse unless the Council formally confirms it. Copies of the provisional TPO will be served on all owners and occupiers of land directly affected by the Order. All new TPOs are recorded on the Local Land Charges Register, which means they will appear in a conveyancing search when the land is sold or leased.

If you wish to object to a TPO you must do so in writing, within 28 days of the Notice being served. You must make clear which tree(s) you are objecting to and why. The Council's Development Control Committee will then consider the objections and decide whether or not to confirm the Order. In a case where no objection is made to a provisional TPO, the Council will normally confirm the Order upon expiry of the objection period.

Trees in Conservation Areas (TCAs)

Older parts of the District such as Bridgnorth town centre and the historic cores of some villages are designated 'Conservation Areas' under the Town and Country Planning Act. There are currently 35 Conservation Areas in the District. Click here to read more about the Conservation Areas.

Conservation Area status protects all trees within them where they measure 75 mm in diameter at a height of 1.5m from the ground, and are not already protected by a TPO. With certain exceptions anyone intending to carry out work to or fell a non-TPO tree in a Conservation Area must give the Council a minimum of 6 weeks written notice before carrying out such works. The main purpose of this is to enable us to consider whether the tree(s) should be subject to a TPO. The penalties for carrying out works to Conservation Area trees without giving 6 weeks notice can be as much as £20,000 per tree.

Applications for Tree Surgery or Felling of trees covered by a TPO/Trees located within Conservation Areas

Responsibility for maintaining trees covered by a TPO or located within Conservation Areas normally remains with the owners of those trees. When owners or neighbours want to prune or even fell a tree covered by a TPO or in a Conservation Area they must apply in writing to the Council on a form.

You can apply to carry out work to a tree online.

The tree will be inspected and we will consult with the local parish council, the local tree warden, and the applicant's immediate neighbours if their property is affected by the application. We will then prepare a report recommending whether or not the proposed tree work can go ahead. The inspection will consider the health and condition of the tree, its relationship with nearby buildings and its effect upon the amenities of their occupiers. A decision will then be made to grant or refuse permission either by a Council Officer under delegated powers, or by the Council's Development Control Committee if any objections to the proposed work are received or if the tree is owned by the Council, a District Councillor or a member of staff.

You can request information about tree wardens online.

If permission is given for the felling of a tree protected by a TPO there is no automatic obligation on the part of the owner to replace the tree unless they have acted in contravention of the TPO. However, in order to protect the visual character of the locality we would usually impose such a condition on the felling consent. If an application to carry out work to a tree protected by a TPO is refused, the applicant has the right of appeal to the Secretary of State. An applicant may also appeal to the Secretary of State against the requirements of any condition imposed by the Council on consent to carry out such tree works. The address is Government Office for the West Midlands, 5 St. Philip's Place, Colmore Row, Birmingham, B3 2PW.

Appeals to the Secretary of State must be lodged within 28 days of receipt of the Council's decision. Such appeals are usually determined by the Secretary of State on the basis of written statements following a visit by an inspector from a Government Office, although both parties have the right to ask the Secretary of State to hold a hearing or public local inquiry into the matter.

Other Tree Protection

Sometimes in granting planning permission for development the Council or Secretary of State on appeal may impose conditions which control how trees or hedges are to be treated.

Unlawful Tree Surgery or Felling

It is a criminal offence to carry out works to a tree subject to either a provisional or confirmed Tree Preservation Order without first obtaining any necessary formal planning consent to do so from Bridgnorth District Council or the Secretary of State.

The current penalties are up to a maximum fine on summary conviction of £20,000 per tree. On conviction or indictment such fines can be unlimited and the court will have regard to any financial benefit which has accrued as a result of the offence.

New Building Development

The presence of trees on, or adjacent to, a proposed development site is a material factor that will be taken into consideration when determining the planning application. Landscape conditions may be attached to any permission granted requiring retention of trees and new planting to be carried out. Where planning permission is granted for development and trees are to be retained, conditions may also be attached requiring measures to be taken to protect the trees during the construction works.

Separate consent is not required to cut down, lop or top any tree protected by a TPO or in a conservation area where the work to the tree is specifically required to enable the carrying out of the development granted planning permission. A method statement may be appropriate to clarify how and what work is required to be done. This is because only those works that can be demonstrated to be essential to the implementation of the development granted planning permission will be exempt from the normal requirement to seek consent from the Council for works to such trees.

Trees which are Dead, Dying or have become Dangerous

If a Tree Preservation Order or Conservation Area tree proves to be dead, dying or has become dangerous it can normally be removed without formal consent from us. In the case of trees protected by a TPO, it is a legal requirement that a replacement tree is planted unless we confirm in writing that a replacement is deemed unnecessary. Any replacement tree will automatically be protected by the original Tree Preservation Order.

In cases of dead, dying or dangerous trees, we must wherever possible be given written notice supported by a report from an arboriculturalist and reasonable opportunity to inspect the tree before the removal works commence - usually a minimum of five days notice.

You can report a dangerous tree online.

You can report a fallen tree online.

Tree Contractors and Consultants

It is important to ensure that any tree works are carried out by a qualified and competent tree surgeon in accordance with the relevant British Standard Specification (BS 3998:1989). Before employing a tree surgeon, always ask to see his/her current certificate of insurance to ensure they are covered against third party claims and other risks. A list of local contractors is available from the Council Offices. The list is produced without any implied recommendation. To see a copy of this list please click here

Some useful Tree Surgery Terms

• Crown: A tree's crown is the whole of the above ground part of the tree with the exception of its main trunk.
• Crown Reduction: A reduction of the overall size or circumference of a tree's crown by generally reducing the overall length of its branches but without destroying the basic shape of the crown. Branches are pruned back to a suitable outward pointing bud or small branch.
• Crown Thinning: Removal of a proportion of secondary branches within the tree's crown so as to reduce branch density within the crown. This will often include removal of crossing, weak, dead or damaged branches within the crown.
• Crown Lifting/Crown Raising: Removal of lower branches or parts of branches of the tree to a specific height above existing ground level (e.g. 4 metres) so as to provide increased head clearance beneath the tree.
• Topping: The cutting out of the top of the tree's crown. Topping is nowadays considered poor practice because it increases vulnerability to disease entry and stimulates abnormal regrowth. It is unusual for us to grant consent for such topping in isolation.
• Pollarding: Cutting back of all branches of a tree leaving only its trunk or cutting back branches to a lower point for the formation of a new head. Pollarding is also considered poor practice because it increases vulnerability to disease and deformity of a tree's basic shape. Again, therefore it is unusual for us to grant consent for pollarding.
• Deadwooding: Removal of dead or damaged branches back to sound wood.

If you are contemplating any work to any tree you should always take the following steps:

• Check with the District Council as to whether or not the tree in question is subject to a Tree Preservation Order, is within a Conservation Area, or is otherwise protected under Planning Law.
• If it is protected by any of these means, make a formal application to the Council and do not commence tree works unless consent is granted.
• Approach only qualified and reputable tree contractors to obtain quotations for works. Make sure that they are able to carry out the work to British Standard Specification 3998:1989 and that they are fully insured against third party risks etc.

This advice deals only with the basic legislation and procedures relating to protected trees. If you are in any doubt at all seek advice from a suitably qualified person.

Enquiries relating to specific sites or issues are best dealt with by prior appointment with the Council's Environmental Enhancement Officer who will be able to provide you with advice and can provide a range of leaflets on many tree issues. Please bear in mind, however, that much of this Officer's work-time is spent carrying out site inspections, so you may only be able to leave a message in the first instance. You can contact the Environmental Enhancement Officer at the following address:

Environmental Enhancement Officer
Development Services Department
Bridgnorth District Council
Westgate
Bridgnorth
Shropshire
WV16 5AA

Tel: 01746 713149
Email: devpol@bridgnorth-dc.gov.uk