Page 23 - Planning Application Guide (Template)
P. 23

 • Cutting down a dead tree
• Cutting down a tree when the whole tree
presents an urgent and serious safety risk
(i.e. an ‘immediate risk of serious harm’)
• Pruning part of a tree that presents an urgent and serious safety risk (i.e. an
‘immediate risk of serious harm’)
• Removing dead branches from a living
tree
• To prevent or control a legal nuisance (you
may need to take legal advice on this)
• By or at the request of a certain organisations listed in the regulations
• In a commercial orchard, or pruning
fruit trees in accordance with good
horticultural practice
• Cutting down trees in accordance with
one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling license
• Work directly in the way of development that is about to start for which detailed planning permission has been granted (this does not apply to permitted development)
Changes were made to the legislation in April 2012 and the felling of dying trees is no longer an exception, unless it is considered to be an urgent or serious safety risk.
Trees in Conservation Areas
Trees in a Conservation Area that are not subject to a TPO are still protected and you will need to notify the local planning authority if you intend to carry out certain works. You are advised to contact your Local Planning Authority before undertaking any works to a tree in a Conservation Area to establish whether or not the works are exempt.
The work may go ahead before the end of the six week period from the date of your noti cation if the local planning authority gives consent. This notice period gives the authority an opportunity to consider whether make a TPO.
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