On Friday 9 May two men were found guilty of criminal damage for felling the famous Sycamore Gap tree and causing damage to Hadrian's Wall which is a Scheduled Ancient Monument and a World Heritage Site.
The trial and the statement by one of the defendants, Adam Carruthers, that he didn't understand why people were so upset about "just a tree," saying it was "almost as if someone had been murdered" has made headlines around the world.
There is a significant amount of legislation in England and Wales designed to protect and prevent damage to or felling of trees. These provisions are briefly summarised below:
Tree Preservation Orders
Trees can be protected through a Tree Preservation Order ("TPO") where it appears to the Local Planning Authority ("LPA") that it is expedient in the interests of the amenity of the preservation of trees or woodlands in its area, it may for the purpose make a TPO.
The TPO prohibits the cutting down, topping, lopping, uprooting, wilful damage or destruction of trees without the LPAs written consent. If consent is given, it can be subject to conditions which have to be followed.
Conservation Area
LPAs have the power to designate areas of special architectural or historic interest and to protect trees within the area.
Anyone proposing to cut down or carry out work on a tree that is not already protected by a TPO must give the local planning authority (LPA) six weeks prior notice (Section 211 of the Town and Country Planning Act 1990 ("TCPA")).
This enables the LPA to decide whether the tree or trees in question should be made subject to a TPO. A section 211 notice is not required for the cutting down, lopping or uprooting of a tree whose diameter does not exceed 75 millimetres.
Planning Conditions
Planning conditions may require the developer to plant, retain and/or protect any tree as the LPA requires either during construction and thereafter. If tree protection conditions are in place, then anyone wishing to undertake work on trees must ensure they comply with the condition and obtain any necessary consent or approval from the LPA.
Criminal Offences
There are several criminal offences (including criminal damage) for works carried out to trees without consent including:
- Carrying out works to a tree in a conservation area without giving a section 211 notice unless the works are exempt;
- Cutting down, uprooting, wilfully destroying, wilfully damages, tops or lops in such a manner as to be likely to destroy it or causes or permits the carrying out of these activities.
Replacement of Trees
There is a duty for the replacement of trees:
- If their removal was in contravention of a TPO
- If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the TCPA, the landowner is placed under a duty to plant another tree of an appropriate size and species at the same place as soon as reasonably possible. If this duty is not complied with, the LPA can serve a tree replacement notice on the owner.
Tree legislation is complex and you should always seek professional advice before commencing work on specific or groups of trees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
