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Trees works and preservation

Trees works and preservation

Check if a tree is protected and find out how to apply for any works to trees or hedges.

Tree preservation orders

A Tree Preservation Order or TPO protects all types of trees and can include any species (but not hedges, bushes or shrubs). An order can cover anything from a single tree to all trees within a defined area or woodland. It is a criminal offence to carry out works to protected trees without consent. You could be prosecuted and fined up to £20,000.

We do not currently have an online map showing all the TPO trees in Northumberland but we are working to provide one. Submit this Tree Protection Enquiry Form to ask us to check if a tree is protected.

Works to trees

If you want to cut down, top, lop (cut off a branch, limb or twig) or uproot a tree protected by a TPO you must make an application for works to trees. This gives us eight weeks to consider if what you propose to do is acceptable. Works that do not require an application include:

  • works by statutory undertakers e.g utilities and telecoms companies or highways authorities
  • works necessary to implement a planning permission
  • the pruning of fruit trees where the trees are cultivated and the pruning is needed for fruit production
  • urgent works to a tree to make it safe, see 'works to dead or dangerous trees'

Find out how to make an application for works to protected trees on the pages below.

How are tree preservation orders made?

We make a TPO in order to protect a specific tree or woodland from deliberate damage and destruction. You can ask us to make a TPO by emailing the following information to planning@northumberland.gov.uk:

  1. a clear description of the location of the trees,
  2. a location plan that clearly marks the tree(s),
  3. the species of tree(s) and
  4. reason(s) for requesting their protection.

Further information

Trees in conservation areas

Trees in a conservation area that are not already protected by a Tree Preservation Order or TPO are still protected by legislation. If works are carried out without giving notice or you deliberately damage or destroy a tree you could be prosecuted and fined up to £20,000.

View conservation areas on our interactive map

Works to trees

If you want to cut down, top, lop (cut off a branch, limb or twig) or uproot a tree in a conservation area you must give us six weeks' notice. Work must not start within the six week period. Submitting notice of your intention to carry out work gives us chance to consider if it is acceptable and if an order should be made to protect the trees. You are not required to give notice for the following:

  • works to a tree whose diameter does not exceed 75mm or 100mm if cutting down trees to improve the growth of other trees, e.g. thinning. Diameter must be measured over the bark of the tree at 1.5 metres above ground level and, where a tree has more than one stem at 1.5m each stem should be measured at that point
  • works carried out by, or on behalf of us
  • works necessary to implement a planning permission
  • the necessary pruning of fruit trees for cultivation on a commercial basis
  • if the tree needs urgent works to make it safe see 'works to dead or dangerous trees'

Find out how to give notice for works to trees in a conservation area on the pages below.

Further information

Make an application for works to trees

Check your application contains everything we require before you submit it. If there are errors or missing documents we may close the application. You will need to re-apply.

We cannot accept applications for works to trees with a Tree Preservation Order (or TPO) combined with works to trees in a conservation area. They are subject to different regulations and timescales. If the trees are in a conservation area and have a TPO on them you will need to submit an application for works to trees subject to a TPO. If there are remaining trees in the conservation area that you wish to work on that do not have a TPO then a separate application would be required for works to trees in a conservation area. The application form is the same for both application types.

Make an application for works to trees subject to a TPO on the Planning Port

Give us notice for works to trees in a conservation area on the Planning Portal

For works to trees with a TPO in the National Park your application should be submitted directly to the Northumberland National Park Authority.

What to include with your application

View a checklist of what to include for trees protected by a TPO

View a checklist of what to include for trees in a conservation area

We receive many applications asking to cut down a tree due to excessive shading, rather than disease or potential damage. It is not our policy to approve applications to cut down healthy trees protected by a TPO. If you cannot provide the above reports we can refuse your application. If you are in this situation you can submit an application to have the tree(s) pruned instead. This is more likely to be supported.

Cost

There is no planning fee for making an application for tree works. When you make your application online via the Planning Portal they will not apply a service charge. Tree works applications are exempt.

What happens next

As soon as we receive your application we will check it. All communications will go to the agent named on the application form. If you do not name an agent we will communicate with the applicant. If you do not state an email address we will respond by post.

If your application is incomplete we will either send you an invalid letter asking for the missing information. Or we may close the application due to insufficient information.

If your application is valid (includes everything we require) we will send you an acknowledgement letter. It will give the decision target date:

  • For trees protected by a TPO we will provide a decision in writing within eight weeks. Works can only go ahead if we decide that they are acceptable.
  • For trees in a conservation area we will provide a decision in writing within six weeks. Works can go ahead if we decide that they are acceptable. Or if we do not make a decision within six weeks of the date of receiving your notice. You must not start work within the six-week period.

Works to dead or dangerous trees

If a dead or dangerous tree is protected by a Tree Preservation Order or TPO or is within a conservation area there are exceptions in legislation to allow for urgent works. You must give us at least five working days' written notice before you carry out works.

To make use of this exception you must be able to show that the tree presents an immediate risk of serious harm to persons or property. This could mean a risk of injury to a passing pedestrian or damage to a vehicle for example. You should note:

  • Work should only be carried out to the extent that it is necessary to remove the risk e.g. removal of damaged/dangerous branches.
  • In an emergency, where it was necessary to carry out the works before giving notice you must notify us in writing as soon as possible afterwards.
  • You can be prosecuted if you carry out work on a tree without the required notice or when exemptions are misused.
  • If a protected tree does not present an immediate risk we advise you to make an application for works to trees instead.
  • We may ask you to plant a replacement if you have to remove a tree.

How to give us notice

Email the following form to planning@northumberland.gov.uk. There is no fee required.

Five-day Notice Form for works to dead or dangerous trees

What happens next

On receipt of a five day notice an officer will undertake an assessment. This may involve a site visit if required. We will respond to you in writing to confirm whether the works can be carried out under this process. If they cannot, we will ask you to submit a formal application for tree works. We aim to respond within five working days. You must wait for confirmation before proceeding with works.

Can I remove dead branches or dying trees?

Unless a dying tree represents an immediate danger you will need to make an application for works to trees. However, the exceptions allow removal of dead branches from a living tree without prior notice or consent even if the tree is protected. You must not remove living tissue without consent.

Further information

High hedge complaints

If you have been unable to resolve a high hedge dispute with your neighbour you can request that we look into your complaint under Part 8 of the Anti-social Behaviour Act 2003. We charge £400 to investigate a high hedge complaint.

Before approaching the council

Complaining to us should only be used as a last resort, the best way to deal with the issue is to talk to your neighbour. When making a formal complaint to us you will need to prove that you have taken steps to try and resolve the issue yourself, these are described in Over the Garden Hedge on the Gov.uk website.

How to make a formal complaint

Provided you have tried and exhausted all other avenues for resolving a hedge dispute, you can make a formal complaint about a neighbour's hedge to us. To find out if your complaint is one we can look at, and for other important information read High hedges: complaining to the council on the Gov.uk website. If you are unable to resolve a high hedge issue and have read the above guidance please follow the steps below:

  1. Print and complete our High Hedge Complaint Form. For assistance read the High Hedge Complaint Form Guidance Notes.
  2. Pay the £400 fee online.
  3. Email your high hedge complaint form, supporting documents and fee payment reference to us at planning@northumberland.gov.uk

What happens next

Our role is not to mediate or negotiate between the complainant and the hedge owner but to decide whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property. The Gov.uk website describes what happens with high hedge complaints.

When we receive your complaint we will send you a letter with a reference number and an expected decision date. It will take time for us to get a statement from your neighbour and arrange to visit the site. There no deadline set by Government but we aim to deal with your complaint within 8 weeks. If you are worried because you have not heard anything, you can contact us to check progress.

All high hedge complaints are made available on our Public Access Planning Register. Use the advanced search and pick High Hedge Complaint from the drop-down application type list to see examples of other complaints and outcomes. To find out how we use your information view our Privacy Notice.

Hedgerow removal notice

If you want to remove all or part of a protected countryside hedgerow you must give us 42 days written notice. Work must not start within this period. You could get an unlimited fine if you break these rules.

Apply to remove a countryside hedgerow

Submit a hedgerow removal notice on the Planning Portal

The Planning Application Requirements - Checklist on the application form explains what you must include.

Cost

There is no planning fee to submit a hedgerow removal notice. When you make your application online via the Planning Portal they will not apply a service charge as this type of notice is exempt.

What happens next

As soon as we receive your notice we will check it. If your submission is missing information or is incorrect we will send you an invalid/return letter explaining why. If your submission is valid (includes everything we require) we will send you an acknowledgement letter with a decision target date. If you do not receive this within 10 days of submission please contact us to check we have received it.

We have 42 days to respond to your written notice to remove a hedgerow. You are entitled to remove the hedgerow if you do not hear back from us within the 42-day period. We will issue either: a hedgerow retention notice (if the hedge is protected and must be kept) or a written notice giving permission to remove it in the way you have proposed.

All communications will go to the agent named on the application form. If you do not name an agent we will communicate with the applicant. If you do not state an email address we will respond by post. Please check emails (and your spam folder) regularly and respond as soon as possible to avoid delay.

Further information