Trees in North Somerset can be protected because a tree
preservation order (TPO) has been made or because they grow in a
Conservation Area.
We also consider the impact of development proposals on trees
during planning permission. The aim is to protect trees for
public enjoyment but responsibility for the tree remains with the
owner.
New regulations came into force on 6 April 2012. The new
regulations do not reduce the level of tree protection but make TPO
system simpler for local authorities to administer and easier and
fairer for tree owners. The changes are summarised in the leaflet
Main changes to TPO system in England from 6
April 2012. The full text of the new
regulations
is available here.
Register
You can find out if your tree is covered by a TPO or within a
conservation area by using our
planning map. You can search for and
view applications for work to protected trees, including plans,
decisions, replanting conditions and appeal decisions by the
Secretary of State using our
online
application facility. If you would like to inspect documents in
person at our Castlewood
Office in Clevedon (during office hours) please contact the
Tree
Officers to make an appointment.
Works to protected trees
If you want to work on a tree protected by a TPO you must apply
for permission. If you want to carry out work to a tree within a
Conservation Area you must send us details of the proposed work six
weeks before you aim to start.
There are some exemptions, for example if the work is
required because a tree is dead or dangerous. You should read
the
Protected tree guidance leaflet for an
explanation of the exemptions and the correct procedure. You are
advised to contact us before you start work to ensure that you
do not commit an offence.
If you need to apply for consent or give us notice you can do
this through the Planning
Portal or by using our
Application form for tree works which
can then be
emailed to
us. The
Application form guidance notes will help
you complete the form. You can also download our
Protected tree Service standard.
If a protected tree is damaged or destroyed without permission,
the owner or person carrying out the work (including uprooting,
topping, lopping, cutting down, wilful damage or destruction of
trees, including cutting roots) may be prosecuted and fined up to
£20,000 by magistrates or more if cases go to Crown Court.
Trees and development
When considering a planning application, the council will look
to see if a development will impact upon trees, and how the
applicant proposes to minimise any impact. We will take
into account the biodiversity and amenity value of the trees
to help decide whether the trees should be retained or could be
removed.
It is essential that trees are considered at an early design
stage, and before a planning application is submitted. Depending on
the nature and scale of a development, we will expect supporting
evidence to show that trees have been considered and that the
proposal is feasible. This will usually include a survey of trees
and their roots as a minimum, and in accordance with British
Standard - BS.5837: 2005 Trees in relation to construction -
Recommendations. Further details of the information we require is
in our
Biodiversity and Tree supplementary planning document (SPD). If
we wish to protect a tree then we can either serve a new TPO
or add landscape conditions to the planning consent. Other
conditions may apply which includes protection measures such as
fencing. The survey should be done by a qualified
arboriculturalist.
For more information contact
our Tree
Officers.
