Statutory obligations for trees

The Local Planning Authority's consent is not required for carrying out works to protected trees in compliance with a statutory obligation (i.e. direction by way of an Act of Parliament).

Statutory Undertakers (Railways, water transport, canal, electricity operators, gas, water and sewerage and telecommunications)

Under the 1999 Regulations a statutory undertaker (or contractor working on behalf of the undertaker) does not need to obtain the Local Planning Authorities consent before carrying out work on a protected tree on the undertakers operational land if required: -

• In the interests of safety
• Inspection repairing or renewing apparatus
• In these circumstances although it is not necessary to obtain formal consent from us there is normally an obligation to replant any trees which are felled.
• If you are in any doubt at all as to whether consent is required, it is in your interests to check with us first.

Planting a Replacement tree

You will have to replant a replacement tree if: -

• You cut down or destroy a protected tree
• You are in breach of an order
• Except in the case of woodland, because the tree is dead or dangerous, unless the Council says you need not
• The Council gives you permission to cut down a protected tree but makes replanting a condition of its consent
• In most cases where the Forestry Commission grants a felling licence.

The Council has legal powers to ensure that you plant a replacement tree when required. The Council’s Tree Preservation Officer, can be contacted on (0151) 606 2247.