Tree Preservation
The District of Rochford is very fortunate to be blessed with a
variety of spectacular and valuable trees. Many are in the
District's woodlands, some of which are classified as 'Ancient
Semi-Natural'. A lot of the most attractive trees that
give our district its character and rural feel are to be found in
gardens, open spaces and roadsides. Not only do trees give
great pleasure and to some, a feeling of wellbeing, but they also
absorb harmful gasses that pollute the atmosphere. They
provide habitats for wildlife, serve as a noise barrier, provide
visual screening and are invaluable in the built environment
providing natural softening and shade. Through various means
of protection, the council aims to preserve and maintain a level of
green amenity, for the present and future generations to enjoy and
benefit from.
Tree Protection
The most effective method of protection is a Tree Preservation
Order, which makes it an offence to cut down, top, lop, uproot,
willfully damage or destroy any tree specified in the order without
the council's written consent (Town & Country Planning Act
1990). In addition, any tree within a Conservation Area that
is of a certain size is automatically protected. Some trees
may also be protected by conditions attached to planning consents
or deed of covenant on land.
At present there are approximately 700 Tree Preservation Orders
in the district and any species, size or age of tree can be
protected by a TPO as long as it meets the criteria set down in
law, it does not apply to bushes, shrubs or hedgerows.
However, potential TPO trees are brought to the attention of the
Woodlands section, the decision to serve a TPO is made after they
are assessed. Although a major consideration when assessing a
new TPO is amenity value, also health, suitability for the location
and other factors are taken into consideration when deciding
whether to serve an order. If all the necessary criteria are
met an order may be served. The new TPO will be served upon
the owners/occupiers of the land on which the tree or trees are
growing. Owners/occupiers of adjacent properties will also be
notified of the new TPO. Once a TPO is served, the tree does
not become the responsibility of the Council.
Essex County Council Tree Preservation Order
Review
At present trees can be protected by a Tree Preservation Order
administered by Essex County Council or Rochford District
Council. We are currently undergoing a review of all Tree
Preservation Order's administered by Essex County Council.
The Tree Preservation Order's were served between 1949 and
1974. There have been many land changes in this time and some
trees have been removed.
All of the Essex County Council Tree Preservation Order's have
been reviewed and Rochford District Council will reserve new Tree
Preservation Order's that will protect the most significant
trees. Following this serving of a new Tree Preservation
Order the existing Essex County Council Tree Preservation Order
will be revoked and will no longer be a charge on that
property/particular piece of land. The trees will have full
protection at all times during this transfer process.
A list of the Tree Preservation Orders that are affected by this
review can be found in the related documents section at the bottom
of this page.
Penalties
If work is carried out to a tree protected by a TPO without
written consent having first been obtained, or to one standing in a
Conservation Area without notice first having being served, the
Council may decide to prosecute those responsible. The
Magistrates Court could impose a fine of up to £20,000. If
the case is more severe and is dealt with by the Crown Court, the
fine level is unlimited.
Works to Protected Trees
Owners of protected trees are not prevented from carrying out
necessary works to their tree once it is protected. As of the
1st October 2008, there have been a number of amendments to the
Tree Preservation Order Regulations. The effect of this is
that all applications for works to protected trees have to be made
on a standard government application form. The new form can
be access in the Related Links at the bottom of this
page.
There is no transitional period to accept applications by any
means other than the new form. Due to
circumstances beyond our control the new Application form was only
made available to local authorities on 1st October 2008, hence we
were unable to send it out to residents who requested works to
protected trees in advance of the new legislation.
Failure to supply sufficiently precise and detailed information
may result in the application being rejected, you MUST provide the
following:
- Completed and dated application form, with all [mandatory]
questions answered
- Sketch plan showing the location of all tree(s)
- A full and clear specification of the works to be carried
out
- A statement of reasons for the proposed works to be carried
out; and
- Evidence in support of statement of reason, where required by
the standard application form.
It is advised that you contact a tree surgeon first to enable
you to complete the application fully. Applications and
supporting documents can be submitted by email to customerservices@rochford.gov.uk fax:
01702 548660 or by post to: Woodlands Section, Rochford District
Council, 3-15 South Street, Rochford, Essex, SS4 1BW.
Once the application has been validated and acknowledgement
letter will be sent out to the applicant. The Council's
Arboricultural Officer will visit and assess your application. He
will take all points you have raised into consideration. He will
then write to you with his decision which will either allow the
works, allow some of the works, or allow the works subject to
conditions such as replanting. He may specify the time of year the
works may be carried out, or he may refuse the works you have
requested consent for. The Council has 8 weeks in which to issue
their decision to you from the date your application is
validated.
Refusal
If the Arboricultural Officers decision is to refuse your
application, there is a right of appeal to the Planning
Inspectorate, which is not unduly complicated. Details will be in
the decision notice.
Compensation
Should the Council refuse an application for works, the owner
may seek compensation for any loss or damage suffered as a direct
result of that refusal being issued. This only applies for a
period of 12 months from the date of the refusal (This may differ
slightly on pre 1999 orders).
Exemptions
There are exemptions to the need to obtain written consent for
works to protected trees, these include dead dying or dangerous
trees. If your tree surgeon has ascertained that your tree or
part of it is dead dying or dangerous, he or you should contact the
Woodlands section to discuss and if needed an officer may visit to
assess the situation. You should give at least 5 days notice
before carrying out any works. This is in your interests, you
could be prosecuted if the Council thinks you have carried out
unnecessary, unauthorised works. In most cases, trees that
are removed will require replacing.
Trees in conservation Areas
There is a requirement to give the Council at least six weeks
written notice before carrying out any works to trees that are over
75mm diameter measured 1.5m above ground level in a Conservation
Area. The same exemptions apply to a Conservation Area that
apply to TPOs.
Further Information
A leaflet produced by Communities and Local Government
'Protected Trees - A Guide to Tree Preservation Procedures' is
available from the Council Offices in Rochford and Rayleigh. The
leaflet can also be downloaded for free, see the Related Links
section below.