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If a tree in your garden has become too large, is damaged or needs to be removed as part of a landscaping project, you might assume that owning the property means you can cut it down whenever you like.
However, certain trees in England are protected by planning rules and wildlife legislation. Before arranging tree removal in Cheshire, it's important to establish whether any restrictions apply.
Here's what homeowners should check before work begins.
A Tree Preservation Order, commonly known as a TPO, is a legal measure used by a local planning authority to protect particular trees, groups of trees or woodlands.
If a tree is covered by a TPO, you generally need written consent from the relevant local planning authority before carrying out prohibited work. This can include felling, topping, lopping, uprooting or other activities covered by the Order.
Don't assume a tree is unprotected because it's in a private garden or because it appears unhealthy.
Trees in conservation areas can receive additional protection.
In England, proposed work on certain trees in a conservation area may require the local planning authority to be given six weeks' written notice. This allows the authority to consider whether a Tree Preservation Order should be made.
The precise requirements depend on the circumstances and any applicable exemptions. Check the rules with the relevant council before arranging work.
Start by contacting the local planning authority responsible for your property's location.
Ask whether the tree is covered by a Tree Preservation Order or falls within a conservation area, and whether any consent or notification is needed.
You may also be able to use the council's online planning or tree-protection maps.
If you live in Cheshire, make sure you identify the correct authority for your address rather than assuming that one council covers the whole county.
Not necessarily.
There are specific exceptions for some work on dead trees and for work that is urgently necessary because there is an immediate risk of serious harm. However, these exceptions have conditions, and the rules for a protected tree can be different from those for an unprotected tree.
A tree that appears dead, diseased or dangerous doesn't automatically qualify for unrestricted removal.
If the tree poses an immediate danger, keep people away from the area and seek appropriate professional advice. Contact the relevant authority when required and document the condition of the tree where it is safe to do so.
Planning permission isn't the only consideration.
Wild birds, their eggs and their nests are protected by law. Work must not intentionally damage or destroy an active nest, and additional protections apply to certain species.
Bats and their roosts also receive legal protection. If a tree has features that could support roosting bats, specialist advice may be required before work takes place.
The presence of a protected species can affect how and when work can legally proceed.
Some pruning may be straightforward, but protected trees can be subject to restrictions on cutting branches and roots as well as felling.
Check the status of the tree before carrying out substantial pruning. If an application or notification is required, allow time for the relevant process before booking the work.
Before arranging removal, make sure you:
Check whether the tree has a Tree Preservation Order.
Confirm whether the property is in a conservation area.
Contact the relevant council about consent or notification.
Consider any nesting birds, bats or other protected wildlife.
Explain any known restrictions to your tree surgeon.
Official guidance is available from the UK Government: Tree Preservation Orders and trees in conservation areas.
If you're considering tree removal, pruning or other tree surgery, it's worth checking the relevant restrictions before work is scheduled.
Contact JEC Tree Services to discuss your project and the work you're considering. Make sure any required permissions and wildlife checks are addressed before work starts.
Speak to JEC Tree Services about your tree surgery requirements in Cheshire.