Hedges and Trees

Tree Preservation Orders and Conservation Orders
Hedgerow Regulations
Felling Licences
Other Legislation

 

Tree Preservation Orders and Conservation Orders

  1. Tree Preservation Orders (TPO) can be placed on individual trees or on whole woodlands.
  2. Conservation Orders are blanket designations that could include gardens.

Permission will be needed from the Local Authority to do works to trees or woodland covered by these orders.

To check whether trees you wish to work on are covered by such an order, for an application form to apply for permission or just for further information please contact the Planning Department.

Hedgerow Regulations

The Hedgerow Regulations 1997 aim to protect countryside hedges. The regulations cover hedges over 20m in length and adjacent to:

  1. Common Land
  2. Village greens.
  3. Protected Sites, including Local Nature Reserves.
  4. Land used for agriculture.
  5. Land used for forestry.
  6. Land used for the breeding or keeping of horses, ponies or donkeys.

Hedges 'within or marking the boundary of the curtilage of a dwelling-house' are not covered.

The regulations require landowners to submit a Hedgerow Removal Notice stating their intentions to the Local Planning Authority. The Local Authority then has 42 days to determine whether the hedgerow would qualify as 'important' under the criteria listed in the regulations. If so, the Local Authority then serves a Hedgerow Retention Notice to ensure that the hedge is retained. If a landowner removes a hedge without notifying the Local Authority an offence may have been committed and the Local Authority may investigate and subsequently pursue fines through the courts and /or serve a replanting order.

For further information and the criteria for an important hedge please refer to the Hedgerow Regulations.

Felling Licences

Tree felling licences, issued by Natural Resources Wales, are required for any felling work that would exceed 5 cubic metres of timber in a calendar quarter. Tree felling without a licence can take place under the following conditions:

  1. Felling of up to 5 cubic metres of timber in a calendar quarter as long as no more that 2 cubic metres are sold (and no other restrictions apply e.g. Tree Preservation Orders or Conservation Areas).
  2. Lopping and topping
  3. Felling included in an approved forestry or woodland grant scheme
  4. Fruit trees, trees growing in a garden, orchard, churchyard or designated open space (if no other restrictions apply)
  5. Trees with a diameter of 8cm or less at 1.3m from the ground; thinnings with a diameter of 10cm or less and coppice with a diameter of 15cm or less
  6. Trees to be felled under a requirement of a valid planning permission
  7. Trees which may threaten life or danger to a third party
  8. Trees to be felled under an act of parliament.

For futher information or to apply for a felling licence please refer to the Natural Resources Wales.

Other Legislation

Works to hedges or trees have the potential to impact upon wildlife such as birds and bats. Therefore, please refer to the requirements of other biodiversity legislation. Please follow the links below:

  1. Birds
  2. Bats
  3. Badgers
  4. Other Animals