Communities and Local Government
A selection of images representing communities.
Direct contact 020 7944 4400- contactus@communities.gov.uk
Protected Trees
If trees in the hedge are subject to a tree preservation order (TPO), is the order overridden by high hedges legislation?
Under section 198(6)(b) of the Town and Country Planning Act 1990, any works that you are obliged to carry out by an Act of Parliament are exempt under the TPO. The works specified in a remedial notice constitute such an obligation and so override the TPO.
The contribution that the hedge makes to the amenity of the area, whether trees are protected or not, will be taken into account by the Council in deciding whether to issue a remedial notice.
If the hedge owner wants to go further than the remedial notice requires, they will need the Council's consent under the TPO in the normal way.
What about if the trees are in a conservation area?
This is similar to the situation above, where trees are protected under a TPO. Under regulation 10 of the Town and Country Planning (Trees) Regulations 1999, there is no need to give prior notice to the Council of tree works that are exempted by section 198(6) of the 1990 Act from the need to get consent under a tree preservation order. As noted above, the exemptions include works specified in a remedial notice.
The Government advises that TPOs should not be made on hedges. Does this mean that anything that meets the definition of a high hedge under the Anti-social Behaviour Act 2003 cannot be protected under a TPO?
No. The definition sets the legal tests that have to be met in order to make a complaint to the Council under the Anti-social Behaviour Act 2003. It is not a general definition of a hedge or a high hedge. Nor does it apply to other legislation.
What if the owner of a protected hedge/line of trees agrees to reduce the height in response to a neighbour's request without the aggrieved neighbour making a formal complaint to the Council? Would a formal application under the TPO still be required before any work could commence?
Yes. If no remedial notice has been issued, normal TPO (and conservation area) procedures apply. In determining any application for tree works, therefore, Councils should undertake the normal balancing exercise of weighing the amenity of the trees against the reasons put forward for the works.
Does a remedial notice override the need to get a felling licence under the Forestry Act?
A remedial notice cannot require removal of a hedge so the need for a felling licence should not arise.
You may also be interested in …
On this site
- Limits of the legislation
- Pre-complaint advice
- Hedge owner's perspective
- Party hedges
- Council as hedge owner
- Overhanging branches
- Fees
- Public registers
- Planning conditions
- Hedge height and light loss
- Loss of view
- Remedial works
- Enforcement
- Extending the legislation to other trees and hedges
- Alternative legislative remedies
- Hedges and planning
- Further information
Energy performance certificates for new homes
Read about our guidance on energy performance for new homes.
