Check the tree's existing protection first
Ask whether the tree is within the conservation-area boundary and whether it already has a Tree Preservation Order. Where a TPO applies, use the TPO consent procedure: sending a conservation-area notice and waiting six weeks does not replace it. Planning conditions can create another restriction to check. [1] [3]
Ownership is not the deciding factor in whether the planning protection applies. Identify the actual tree and obtain any necessary landowner agreement separately. Do not assume that permission to enter land, or a neighbour's request for pruning, settles the council's requirements.
Which trees and works are covered?
The notice requirement concerns works such as felling, topping and lopping, with statutory exceptions. Ordinarily, a tree whose stem diameter does not exceed 75 millimetres, measured over the bark at 1.5 metres above ground, falls outside this notice requirement. A separate 100-millimetre exception can apply to removal for the purpose of improving the growth of other trees. [1]
These are diameter measurements, not measurements around the trunk. Multi-stemmed trees and unusual growth need careful assessment. Have the tree identified and measured rather than guessing from a photograph. [1]
What should the notice contain?
Describe the location and the work clearly enough for the council to identify the tree and understand the proposal. A useful submission contains the address, a sketch or marked photograph, individual tree references and a precise specification. “Cut back the trees” leaves too much uncertainty about which trees and how much work is proposed. [2] [1]
Keep a copy of the submission and evidence of the date received. Ask the council to confirm the end of the notice period before arranging a start date, especially where it has requested clarification.
What happens during and after the six weeks?
The council may make a TPO, which changes the approval route, or allow the proposed work to proceed. If it does not make an order within the notice period, the notified work can normally proceed after that period. Work must be undertaken within two years from the date of the notice. [1]
The outcome only relates to the work actually described. A decision not to protect the tree is not advance clearance for a different scheme, additional trees or later excavation affecting other protected roots.
Dead or immediately dangerous trees
Do not treat “diseased”, “overgrown” and “dangerous” as interchangeable exemptions. The national guidance provides a specific exception for dead trees, normally with five working days' prior written notice, and a narrower route for work urgently necessary because of an immediate risk of serious harm. Keep photographs and professional evidence supporting the exception relied on. [1]
Tree-control permission or an exception does not remove wildlife protection. Check for active bird nests and bat-roost potential before work, including on dead trees. [4] [5]