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The protection of trees plays an important role in conserving the natural environment and makes a significant contribution to the beauty of Stratford-on-Avon District. Where trees are not protected by their Conservation Area status, Stratford-on-Avon District Council has the power to place Tree Preservation Orders to prevent inappropriate works taking place.
What is a Tree Preservation Order?
The principle effect of a Tree Preservation Order (TPO) is to prohibit felling, uprooting, topping, lopping, wilful damage or wilful destruction of trees without the Council's consent.
How can I find out if a tree is protected?
To see if there are any constraints and whether or not permission has been granted for treeworks, contact 01789 260304.
You may request to view a copy of a Tree Preservation Order at reception in the Council Offices (please give 24 hours advance notice) or you can purchase a copy at a cost of about £5.00.
I think a tree should be protected. How do I go about it?
If you think that a tree or group of trees is under threat, please call 01789 260304 for advice. Normally, you will then be asked to write in, giving details of the tree(s): species, location - preferably with photos - and why it is in the interests of the community to protect it.
Please note that there is no statutory time limit on requests for new TPOs. An officer will notify you and/or the owner as well as other interested parties if a TPO is made.
How do I get permission for treeworks and what is involved?
Treework applications should be submitted on the new national standard form 1APP. Please use Form 26 - Tree Works:
The form covers both trees covered by a Tree Preservation Order and Trees in a Conservation Area. The applications are free of charge.
Where there is a TPO, you should include details of the exact location of the tree(s) along with details of the species and exactly what work you wish to do. We would recommend that you consult a tree surgeon prior to submitting your proposal for a detailed specification of the work proposed.
Provided all the information is complete, we notify you that the application is valid. The local Parish Council and Ward members are informed of your proposal and an officer will visit the site within the statutory 8 week limit. You must not undertake any works unless you have a Notice of Decision from the council which grants consent. Consent is valid for one year.
If the tree is in a Conservation Area but not covered by a TPO, you must include the information as outlined above for a TPO. The statutory time limit on this notification is six weeks, during which the Council will consider whether or not the tree should be made the subject of a tree preservation order.
Please note that you do not have to give prior notification to cut down or do work to shrubs or trees that are less than 75mm in diameter (measured 1.5m above ground).
Any work permitted should be carried out in accordance with British Standards 3998:1989. It is a criminal offence to undertake unauthorised works; you or your contractor could be prosecuted and fined in the Magistrates court.
Can I fell or work on trees if they're not protected?
If your property was recently constructed, contact Planning on 01789 260304 to see whether a landscaping scheme was agreed as part of the planning permission as this will be valid for five years from the date of completion. You may need advice from a planning officer.
If you are planning to fell trees which are outside a domestic garden, you should check with the Forestry Commission to see whether or not you require a felling licence.
Many wildlife habitats are protected under the Wildlife & Countryside Act and the Countryside and Rights of Way Act. Works, if necessary should avoid disturbance of nesting birds (approx. March to September inclusive) and if bats will be disturbed or roosts destroyed the appropriate Statutory Nature Conservation Organisation (SNCO) must be notified.
Can I apply for permission if I don't own the tree?
Anyone can make apply for permission for works to a protected tree. However, you must get permission from the owner of the tree for access to carry out the works.
Can you recommend a good tree surgeon?
The Council cannot recommend any one tree surgeon. However, the Arboricultural Association, a "trade organisation", publishes a list of members who work in the District and are approved, certified and fully insured.
My neighbour's tree is affecting my property. What are my rights?
Where the tree is not in a Conservation Area and is not covered by a TPO, you are allowed to cut back the branches to your boundary. We would suggest you notify your neighbour of your intentions and ask if they wish to have the waste returned to them. If they do not want it, it will be your responsibility to dispose of it yourself.
If you believe the tree to be causing damage to your property, contact your solicitor or your insurance company for advice.
From 1 June 2005 the Council became able to deal with complaints regarding high hedges. Further information and guidance - Over the garden hedge - can be found on the website of Communities and Local Government.
You may find a mediation service to be of help.
There's a tree I know of that needs work and I'm not responsible for it - whom should I contact?
If you do not know who owns the tree - or if you do and you need advice - please see the useful contacts section of this website. Please note that Forestry & Landscape do not carry out maintenance work.
Further information
Protected Trees - a guide to tree preservation procedures
Published by Communities and Local Government.
Please note this link is currently unavailable. The document has been withdrawn by CLG. An updated version will be available shortly.
Tree Preservation Order Appeals - how the process works
Published by Communities and Local Government
For further information please contact the Heritage and Design Team on 01789 260304 or by email at planning@stratford-dc.gov.uk, or by fax on 01789 260330.
External links:
Planning Portal
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Forestry Commission - Felling Licences
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Arboricultural Association
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Over the garden hedge
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A Guide to Tree Preservation Order Appeals
See also:
Conservation Areas
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1APP Standard Application Form
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Trees - Useful Contacts
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High Hedges
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Biodiversity
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