Protected Trees and Hedges
Tree Preservation Orders
In order to protect trees in the interest of amenity, particularly when they are considered to be at risk, the Council can make a Tree Preservation Order (TPO). An Order can specify a single tree, groups of trees or woodlands but not hedges or shrubs. Trees do not have to be exceptional or unusual individual specimens to merit inclusion in a TPO, but are assessed on their contribution to amenity and the local landscape.
Many trees in the borough are protected by Tree Preservation Orders (TPO’s) these orders have been placed on some trees or woodlands either by High Peak Borough Council, Derbyshire County Council or the Peak District National Park Authority. It is a criminal offence to damage or destroy, fell, top, lop or uproot the tree(s) without the consent the consent of the relevant Council. It is therefore important to check whether a tree is protected before undertaking any work this includes excavation and other works near a tree which may damage the root system.
A Conservation Area is a designation that covers historic areas such as the centres of towns and villages, however trees are usually such an important part of the overall appearance and character of Conservation Areas that they are given additional protection Any person wishing to fell, top or lop a tree in a Conservation Area with a stem diameter over 7.5cm (measured at a height of 1.5m above ground level) is required to give six weeks prior written notice to the Borough Council. This will allow time to consider whether a Tree Preservation Order should be made. The Department of Communities and Local Government website www.communities.gov.uk has lots of useful information on protected trees including the comprehensive guide ‘Tree Preservation Orders: a guide to the law and good practice.’
Felling more than 5 cubic metres (2-3 mature trees) will normally require a Felling Licence from the Forestry Commission, irrespective of whether any Tree preservation Orders or Conservation Area restrictions apply. However, a Felling Licence is not required for felling within a garden, orchard, churchyard or public open space. For more information please contact The Forestry Commission, East Midlands Office, Sherwood Office, Edwinstowe, Mansfield, Notts, NG21 9JL: 01623 822447
Contact the Development Control team or our Arboricultural Officer, by calling 0845 129 77 77 or 01298 28400, if you require further advice, or wish to discuss your proposed works.
Guidance and Forms for Tree and Hedge Preservation (see documents below)
Last updated: 31st May 2012