Tree preservation orders

Tree

Watford Borough Council has a legal duty to protect trees. The council makes tree preservation orders to do the following:

  • Strengthen a condition which is part of a planning permission
  • Protect trees which are particularly attractive, even if there is no direct threat to them
  • Protect important trees or groups of trees which are in danger of being cut down
  • Protect woodland by replanting areas of trees which we agree can be cut down

Why protect trees?

Cutting down woodland, trees and groups of trees can destroy the setting of buildings, parts of a town, and areas where wildlife live.   Also, proposals for extensions or new buildings can sometimes threaten woodland and trees.

What do tree preservation orders do? 

Tree Preservation orders:

  • Keep and protect woodland, trees and groups of trees which add to the character and appearance of an area
  • Keep and protect the structure and variety of woodland, especially where they offer protection to natural wildlife habitats
  • Make sure that new developments take into account the landscape setting

How do we decide when a tree preservation order is needed?

We may find out in a number of ways i.e:

  • We may identify trees which are important to the appearance of the general area and which may be cut down if a proposed new building is built  
  • We may hear from different people that certain trees may be under threat and need protecting immediately
  • We then assess any possible threat and the importance of the trees before we decide whether a tree preservation order is needed

What are the procedures?

  • First we make a tree preservation order which takes effect immediately. This means we can protect trees which may be under threat
  • We then tell the owners and occupiers of the land, and any other people who may have an interest, that we have made a tree preservation order
  • When we have made a tree preservation order, interested people, the landowner or a developer, may object, write to us to support the order, or simply give us their views

What if I object?

  • If you disagree with the tree preservation order, you must object in writing within 28 days of being notified. You can also ask for a hearing before the Planning Appeals Commission
  • We then consider all objections and other letters we receive, and the report of the Planning Appeals Commission if there has been a hearing. We will either confirm, withdraw, or amend the tree preservation order

Can protected trees ever be cut down?

There are times when trees that are protected by a tree preservation order may be cut down. If the trees are dead, dying or dangerous, or if the trees need to be managed to remove a nuisance, or threat to life or property, you can ask for our written permission to cut them down or prune them

What happens if I cut down a protected tree without permission?

Work which is not exempt and which is carried out without the formal consent of the council is illegal. The Council may prosecute offenders and fines of up to £20,000 for each tree may be imposed by the Magistrates Court in the event of them being convicted of an offence. If proceedings are instituted in the Crown Court fines are unlimited. There is a duty to replace any tree removed without permission.

How can I check if a tree on my property is protected?

You can check if a tree on your property is protected by contacting the Planning Policy team on 01923 278970 or use the email address at the bottom of the page.

For more information

strategy@watford.gov.uk

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