Protected Trees

Without doubt trees contribute in a very significant way to the attractiveness and character of an area whether it be a shopping centre, residential road or farming land. Legislation exists to enable the Council to help protect this important aspect of the environment through Conservation Area status and by making Tree Preservation Orders (TPOs). Most trees located within Conservation Areas are automatically protected. The Council has made over 1100 TPOs since the legislation was enacted in 1947 and processes some 300+ applications and notices for tree works each year. Trees can also be protected as part of Planning Conditions. If you tree is protected you must contact the Council before undertaking works. Working on a protected tree without permission is a Criminal Offence. If you are in doubt as to whether you can undertake works then please check with the Council (see below for details).

Currently the Council is undertaking a review of all 'Area' designation Tree Preservation Orders. Where it is considered that an old Order no longer protects all the important trees in an area, it is reviewed, and only those trees, which are now considered to have the greatest value in terms of amenity and impact on the locality, are selected to form part of the new Order. This may lead to the inclusion of trees which are presently quite young or of limited impact, but which have good potential to become valuable mature trees, replacing trees which have been lost or will be lost over time. In addition, some smaller trees can be of great value in screening or softening new or relatively recently developed areas. In some cases, this will mean that a new Order will cover trees outside the boundaries of the original Order, or those trees that have grown up subsequently. It is felt that this ongoing procedure will serve to highlight those trees, which are of the most merit within our Borough and thus make the process of tree protection more accurate and accountable.

Links to Each Section
|Checking if your tree is protected?
|Applying to work on a protected tree
|Felling licences
|Choosing a tree contractor
|Telling the council about trees under threat
|Leaflets and guides

|Checking if Your Tree is Protected?

There are three ways to check if a tree is protected by TPO, Conservation Area, or Planning Condition. Either |use this form or |email Planning Services stating the address, location, and type of the tree, or call 01372 474792. You can also purchase a copy of a TPO from the Council for £16 inc. VAT.

|Applying to Work on a Protected Tree

Anyone can apply to work on a protected tree for free however you may need the owner's permission to carry out the works. Depending on availability the Council can sometimes offer a free pre-application advice meeting to householders to discuss the best management of protected trees Please call the Tree Preservation Service on 01372 474792 or |email Planning Services stating the address, location, and type of the tree.

Please note: From 1 October 2008 the government introduced a mandatory application form for works to TPO'd trees. You can |download the tree works application form and |tree works application form guidance notes or call 01372 474792. Alternatively an application for tree works can be |submitted online. For information about tree pruning techniques please see the |Tree health and tree surgery page.

|Felling Licences

The Forestry Act also contains legislation, which gives the Forestry Commission powers to control the quantity of trees being felled at any one time outside of a garden (ie. in a woodland or field). The basic rule is that in any calendar quarter you may fell up to 5 cubic meters of wood providing you sell no more than 2 cubic meters.

The felling or selling of larger amounts will require a license from the Forestry Commission, however there are exemptions. Further details are available in the |Forestry Commission publication Tree Felling - Getting Permission.

|Choosing a Tree Contractor

As with all trades tree surgeons come with varying degrees of skills and experience. The Council provides a |list of tree contractors and a |list of arboricultural consultants who work in the Elmbridge area and a |checklist to help you select a tree contractor.

|Telling the Council About Trees Under Threat

The Council can protect certain trees that may be under threat, however the tree must meet a variety of criteria:
1) It must be of public amenity and not only of private benefit;
2) It must not have been mutilated in the past to an extent that removes its arboricultural amenity value;
3) It is healthy and safe or can reasonably be made so;
4) It is capable of a reasonably long life ahead;
5) It is not so close to buildings that it would be unreasonable to refuse felling if requested;
6) Whether it is expedient to make a Tree Preservation Order - this usually means whether the tree is under some form of threat, such as by proposed development.

If you wish to inform the Council of a tree that meets the above criteria please |email Planning Services stating the location and type of the tree and why it is under threat, or call 01372 474792.

|The following leaflets/publications are available at the Civic Centre, or can be viewed on-line by clicking on the titles:

• The Guidance from the Department of the Communities and Local Government - |Protected trees - a guide to tree preservation procedures.This leaflet is for the benefit of tree owners, the general public and amenity groups and answers some of the most common questions about tree preservation procedures.
• The Elmbridge Borough Council Guidance |Standards for the assessment of Arboricultural Amenity Supplementary Planning Guidance (SPG). The purpose of producing this document is to enable the basis for making decisions on which trees to include in TPOs to become transparent. It sets out the procedures used to demonstrate that the approach is consistent and can be reconciled with current legislation and best arboricultural practise.
• |A Guide for Appellants (Tree Preservation Orders - Consents for Works). This guidance sets out the procedures for appeals made to the Secretary of State under section 78 of the Town and Country Planning Act 1990 against decisions issued by councils in respect of applications for consent to cut down or carry out work on a tree protected by a tree preservation order.
• Elmbridge Borough Council guidance |Buying a tree with a house in the garden. It provides advice for new homeowners and their solicitors and is designed to be read, if possible, before exchanging contracts.

For further information, or to request a copy of these leaflets or a full list of planning publications please |email Planning Services.