Protected trees and hedgerows guidance

Contents

Tree guidance for applicants and developers in Bassetlaw

Trees can occupy a substantial part of a development site whether residential or commercial. Well sited and in scale with their surroundings, trees will greatly enhance any development by providing an appearance of maturity, which is welcomed and often appreciated. If existing trees are poorly sited, however, they may be resented and no amount of legal protection will ensure their retention.

To avoid such problems, it is of the utmost importance that early and adequate identification of important trees on development sites is carried out.

This guidance aims to provide guidance on which trees are suitable for retention, the means of protecting them, how the development should be integrated and how the existing trees can be supplemented by new planting.

A guide to protect hedgerows and high hedgerows

Hedgerows occur in both urban and rural areas and can significantly contribute towards our natural and built environments. Hedgerows provide an important characteristic for much of lowland Britain. The loss of these hedgerows, as a result of changing agricultural practices and development has been a matter of concern for many years.

Hedgerows create attractive landscapes, and often mark ancient boundaries between parishes. They also provide safe habitats and corridors for a wide variety of wildlife. Their loss on a large scale impoverishes the countryside.

The 1997 Hedgerows Regulations give the Council limited powers to protect certain rural hedgerows it considers to be of environmental importance.

‘Removal’ of a hedgerow includes not only grubbing-up but also other acts that result in the destruction of a hedgerow. Normal management of a hedgerow does not require prior permission from the Council.

Protected trees and hedgerows enforcement

TPO Enforcement Policy

The Council’s General Enforcement Policy states that all services within the Department will carry out enforcement according to the Policy, but that individual services may produce detailed service-specific enforcement policies and procedures for their areas of responsibility, which comply with the General Policy. These documents will set out clear standards and procedures for the administration of enforcement. This document sets out the Planning Policy Department’s procedures relating to the enforcement of legislation for the protection of trees.

Protected Hedgerows Enforcement Policy

The Council’s General Enforcement Policy states that all services within the Department will carry out enforcement according to the Policy, but that individual services may produce detailed service-specific enforcement policies and procedures for their areas of responsibility, which comply with the General Policy. These documents will set out clear standards and procedures for the administration of enforcement. This document sets out the Planning Policy Department’s procedures relating to the enforcement of legislation for the protection of Hedgerows.

Protected trees and hedgerows FAQs

The Council's Responsibility

Please Note: The Council is not responsible for any protected trees unless they are on Council owned land.

Q. What is a tree preservation order?

A. This is an order made by the Council, which makes it an offence to cut down, top, lop or uproot. It also makes it an offence to wilfully damage or destroy a tree without the permission of the local planning authority.

Q. What is the purpose of a tree preservation order?

A. To protect trees for the public’s enjoyment and to preserve the character and amenity of an area.

Q. What types of trees are covered by a tree preservation order?

A. There is no specific type of tree that is protected. Orders do not cover hedges, brushes or shrubs. A Tree Preservation Order may protect a single tree or even in whole woodland.

Q. How can I find out whether a tree has a preservation order?

A. The planning department will undertake an official search on your behalf.

Q. There are trees that I think should be protected, what can I do?

A. Contact us, giving us the details of the trees and the reasons why you think they should be protected. The Tree Officer will then undertake a site visit and assess the trees accordingly.

Q. Does a Tree Preservation Order come into effect immediately?

A. If the Council chooses so then, yes, an Order can become effective immediately and will continue so for six months or until the order is confirmed. If a Tree Preservation Order is made on your property the Council will write to you and other interested parties serving notice of the making of the Order. The Council will also leave a copy of the order at a convenient place for public inspection.

Q. Is there a right to object to, or express support for, a tree preservation order?

A. If anyone wants to object to or support a Tree Preservation Order, then contact the Council within four weeks from the serving date explaining your views and providing details of the relevant trees. The Council will take all comments into account when it decides whether to confirm the order.

Q. What happens if I cut down a protected tree without permission from the local authority?

A. It is an offence to undertake any works to a protected tree without permission, There are severe consequences for any works that are carried out. You could be liable for an unlimited fine.

You will normally have to plant a replacement tree if the tree was cut down or destroyed.


Last Updated on Thursday, November 21, 2024