Protected Trees
Trees that are Protected (Protected Trees)
Q: There are trees in the hedge and these come under a tree preservation order (TPO). Is a TPO more important that the legislation of high hedges?
A: The Town and Country Planning Act 1990 [section 198(6)(b)] states that any work that you must undertake via an Act of Parliament are not liable (exempt) under the TPO. Any remedial works detailed in a council notice are therefore an obligation and in this case are more important (override) a Tree Preservation Order (TPO).
Where trees have protection or don't, a hedge's contribution to the amenities of the area will be considered by the Council when it decides if a remedial notice will be issued. Where hedge owners might wish to go beyond a remedial notice requirements, Council consent will be required via the normal TPO route.
Q: The trees are in a conservation area. Then what?
A: As similar above, trees are still protected under a Tree Preservation Order (TPO). The Town and Country Planning (Trees) Regulations 1999, regulation 10 states there is not a requirement to give notice in advance to the Council regarding tree works that are exempt via section 198(6) of the 1990 Act from the requirement to gain consent under a TPO. Exemptions (as details above) may include requirements as listed in a remedial notice.
Q: The Government has said that a Tree Preservation Order (TPO) mustn't be made on a hedge. In this case then, does anything that matches the definition of a high hedge within the Anti-social Behaviour Act 2003 not be protected under a TPO?
A: No. The definition outlines the legal framework that must be met so a complaint can be made to a Council within the Anti-Social Behaviour Act, 2003. This is not a generalised definition of hedges or high hedges and it doesn't apply to other different legislation.
Government has said that a Tree Preservation Order (TPO) mustn't be made on a hedge.
Q: An owner of a hedge or line of trees which is protected makes an agreement to reduce the heights (when responding to a neighbour's request without them making any complaint which is formal to the council). In this case would a formal TPO application still be needed to allow any work to take place?
A: Yes. Where a remedial notice has not been put into place, standard TPO & conservation area procedures will be applicable.
Q: When a remedial notice has been served, will it override the requirement to obtain a 'felling licence' within the Forestry Act?
A: Such a notice of a remedial kind cannot stipulate the removal of hedges - therefore the requirement of a felling licence would not be applicable.
Planning Conditions
In cases of Planning Conditions
Q: Please advise me how my council will progress a complaint about a high hedge when there is a planning condition which stipulates that the hedge must be consistently maintained at a height of a certain level?
A: Within the 'High Hedges Complaints: Prevention and Cure' literature it is advised that Councils, when making judgments regarding high hedge complaints, take full account of any reasons that any original condition was connected with the originally given planning permission.
Other extenuating factors may include the planning permission age & level that any attached circumstances may have changed. Remedial notices that have been given relating to a complaint would not override any planning condition.
...extenuating factors may include the planning permission age & level that any attached circumstances may have changed.