We have specific powers to protect trees within our borough by making Tree Preservation Orders (TPOs).  Special provisions also apply to trees within conservation areas.   The purpose of TPOs is to protect trees that make a significant impact on their local surroundings.

Tree Preservation Orders
Work can only be carried out to a TPO tree with our permission and it is an offence to carry out any work to that tree without permission.  All types of tree can be covered by a TPO - including hedgerow trees - but not hedges, bushes and shrubs.  The TPO can cover anything from a single tree, groups of trees or woodlands.

If a tree has a TPO, whilst the owner remains responsible for its condition, any cutting back or cutting down of the tree will still require our permission unless:

• it is dying, dead or dangerous (see paragraph below),
• it is to allow compliance with a statutory obligation,
• it is directly in the way of development that is about to start for which detailed planning permission has been granted that includes works to the tree,
• it is in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice,
• it will prevent or control a legal nuisance,
• you have a felling licence from the Forestry Commission or the work is in accordance with one of the Commission's grant schemes.

Note: However, in all of the above, we would advise you check with us first.  For dead, dying and dangerous requests you must give us a minimum of 5 working days notice before you carry out any works unless imminently dangerous.  The information provided should include a description of the proposed works, a sketch plan showing the location of the tree, species (if known) and photographs.  This is in your interest as we could prosecute you if the work was unauthorised.

Conservation areas
For trees in conservation areas, which are not subject to a TPO, you will need to give us six weeks' notice before carrying out any work.  This gives us the opportunity to establish whether the proposed work is acceptable in terms of good arboricultural practice and visual amenity.  The exceptions to this are trees less than 75mm in diameter, measured 1.5m above the ground (or 100mm if thinning to help the development of better trees).

Note: The dead, dying and dangerous exemption also applies in conservation areas.  Please refer to the above note.

Applications for works to trees in a conservation area or covered by a TPO
If you want to carry out work to a protected tree (and don't need a felling licence) you will need to fill in the relevant application form.  You should always provide as much evidence as possible to support your case.  Further guidance can be found under what types of planning applications are there?  We aim to determine applications for work to a TPO tree in 8 weeks and for trees in a conservation area in 6 weeks.

Felling licence
If you want to cut down trees containing more than five cubic metres of wood in any calendar quarter (excluding trees in gardens), whether or not a TPO is in force, you will also need to apply to the Forestry Commission (this page opens in a new window) for a felling licence.

Note: The calendar quarters are: 1 Jan to 31 March, 1 April to 30 June, 1 July to 30 Sep, 1 Oct to 31 Dec.

Landscaping conditions
Trees and hedges may be protected by conditions attached to a planning permission.  If this is the case, an application for the "removal or variation of a condition" will be required for any proposed works.  Further information can be found on what types of planning applications are there?

Countryside hedgerow removal
Hedgerows are protected by the Hedgerow Regulations 1997 (this page opens in a new window).  Under these regulations, it is against the law to remove or destroy certain hedgerows without permission from the local planning authority.  Permission is required before removing hedges that are at least 30 years old and meet one of the following criteria:

1. Marks pre-1850 parish or township boundary.
2. Incorporates or is associated with an archaeological site.
3. Marks the boundary of, or is associated with, a pre-1600 estate or manor.
4. Forms an integral part of a pre-parliamentary enclose field system.
5. Contains certain species of birds, animals or plants listed in the Wildlife and Countryside Act.
6. Includes between 5 and 7 woody species in a 30 metre length.
7. Runs along a bridleway, footpath, road used as a public path, or a byway and includes at least 4 woody species on average in a 30 metre length.

If you proposing to remove a hedgerow, or part of a hedgerow, which is covered by the above criteria, you will need to submit a hedgerow removal application.     

More guidance can be found on Defra's website (this page opens in a new window).

Note: The regulations do not apply to any hedgerow within the curtilage of, or marking the boundary of, the curtilage of a dwelling house.  

High hedges
As a Local Authority, we have been given powers under part 8 of the Anti-social Behaviour Act 2003 to consider complaints over high hedges.  This is a matter dealt with by our enforcement team and further information can be found on their high hedges page.

Further information
We recommend that you visit the relevant pages of the Department of Communities and Local Government (DCLG) website (this link opens in a new window) for further information about protected trees.  Otherwise, please contact us:

• to find out if a tree or area of trees is protected,
• to check whether work being carried out on a protected tree is permitted, or
• if you believe a tree or area of trees should be protected.  In this case you will need to write in with justification and supporting evidence including a location plan with the position of the tree(s) marked on and photographs.

Whilst we have a tree consultant, he only attends the office one day a week and only comments on valid applications.  Our consultant does not have the capacity to comment on pre-application advice or answer general tree enquiries.

Planning enquiries
Guildford Borough council
Millmead House
Millmead
Guildford
Surrey
GU2 4BP

Tel: 01483 444609
Email: planningenquiries@guildford.gov.uk