Trees and hedges

Check if a tree is protected and find out how to apply for any works to trees or hedges.

Trees are protected if they’re within a Conservation Area or have a Tree Preservation Order (TPO).

A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the cutting down, topping, lopping, uprooting, wilful damage/destruction of trees without the local planning authority’s written consent. It is a criminal offence to carry out works to protected trees without this consent.

Trees in a Conservation Area that are not protected by an Order are protected by provisions that require people to notify the local planning authority 6 weeks before carrying out certain work on such trees, unless an exception applies: In conservation areas, notice is required for works to trees that have a trunk diameter of more than 75mm when measured at 1.5m from ground level (or more than 100mm if reducing the number of trees to benefit the growth of other trees). The work may go ahead before the end of the 6 week period if the local planning authority gives consent. This gives the authority an opportunity to consider whether an order should be made to protect the trees.

The .Gov.uk website explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.

Other forms of protection: The tree(s) may not have a TPO or be in a Conservation Area however there are sometimes conditions attached to a planning application that restrict works to trees on site. It is your responsibility to check previous decision notices for these conditions prior to starting work. You can look up previous planning applications for a site on our Public Access system which includes an address search or map search. The decision notice will state the conditions.

Unless you’re sure that a tree or hedgerow is not protected, then you should not start work on it. We can check this and let you know before you start.

We currently don't have a map showing Tree Preservation Orders online.

Please complete the Tree Protection Enquiry/5 Day Notice Form. We will check and inform you whether the tree itself is protected or it is protected because it is within a Conservation Area. We aim to respond within 10 working days.

Whilst we can check the Conservation and TPO layers we hold there are sometimes conditions attached to a planning application that restrict works to trees on site. It is your responsibility to check previous decision notices for these conditions prior to starting work. You can look up previous planning applications for a site on our Public Access system which includes an address search or map search. The decision notice will state the conditions.

If your tree or trees are protected you will need to obtain permission before starting work. Please ensure there are no nesting birds before carrying out works as the nesting birds themselves are protected even if the tree is not.

An application for consent is required for works to trees that are protected by a TPO or because they are in a Conservation Area.

Dead/dangerous trees - Submit a 5 Day Notice

If a tree is protected and works are required because the tree is considered to be dead or imminently dangerous, a formal full tree works application is not required but you would still need to notify us.

If the tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work. Work should only be carried out to the extent that it is necessary to remove the risk e.g. removal of damaged/dangerous broken branches. If the danger is not immediate the tree does not come within the exception. The Gov.uk website explains the tree work exceptions.
If the above does not apply then 5 working days prior written notice (5 day notice) must be given to the authority before cutting down or carrying out other work. Email the 5 Day Notice - Tree Form to us at planning@northumberland.gov.uk. No fee is required. Once we have the information a Case Officer will undertake an assessment to see if there is sufficient information to determine if a 5 Day Notice is the appropriate route or if a formal Application for Tree Works is required. This can be done by checking our records and the information provided with the application if we have clear information (including photos), but may involve a site visit if required. We aim to respond to the applicant within 5 working days. You are advised to wait for confirmation before proceeding with works.
If a protected tree is not dead or imminently dangerous you will need to put a full formal Application for Tree Works.

Submit an Application for Tree Works

If you wish to carry out works to a tree that is protected you will need to apply for consent.

How to make an application

Make your Application for Works to Trees online using the Planning Portal website. When you follow this link the Portal website mentions a service charge however Works to Trees applications are exempt from this as there is no planning application fee. When you select the 'Tree Works: Trees in a conservation area/subject to a TPO' form you will not be expected to pay any fee/service charge. Upload your documents online (no need to provide paper copies). Please ensure you read the guidance notes/help text for each question.

For your application to be valid when submitted we require:

A sketch plan showing the location of the tree(s) marking on the number(s) e.g. T1, T2
Any reports required if you have to complete question 8 part 1 or 2 (this is required if the trees have a TPO but are not required if they are simply within a conservation area)
Photographs are helpful (for the purpose of identification/proposal)

As soon as you submit your application online you’ll get a reference number and the application will be made available to us so we can begin to validate it. You will receive an acknowledgement letter once your application is made valid. An application is only made valid if we receive all the information required so please check this before submitting. For trees covered by a TPO the application can take up to 8 weeks for a decision, for trees in a conservation area it’s 6 weeks (from the valid date).

You can ask us to protected a certain tree or group of trees.

Please send your request to planning@northumberland.gov.uk with:

a clear description of the location of the trees
the species of tree(s)
reason(s) for requesting their protection.

The Gov.uk website explains the process involved in making Tree Preservation Orders.

Planting a hedge can be an ideal garden boundary but the wrong hedge may cause problems if it is not regularly maintained.

High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003. The Government have published guidance on how to settle your hedge differences without involving the local authority.

Read Over the Garden Hedge on the Gov.uk website before you complain to the Council.

Provided you have tried and exhausted all other avenues for resolving your hedge dispute, you are now able to make a formal complaint about a neighbour's evergreen hedge to your local authority.

Read High Hedges Complaining to the Council on the Gov.uk website before you contact us.

If you are unable to resolve a high hedge issue please:

An application is required to remove ‘important’ hedgerows subject to protection under the Hedgerows Regulations 1997.

An important hedgerow is a hedge which has existed for 30 years or more and satisfies one or more of the criteria listed in Part 2 of Schedule 1 of the Hedgerow Regulations 1997. The regulations apply to any hedgerow which;

Grows in, or adjacent to any common land, Local Nature Reserve, Site of Special Scientific Interest, or is used for agriculture, forestry or the breeding of horses, ponies and donkeys and;
Has a continuous length of at least 20 metres, or if less than 20 metres, meets another hedgerow at each end.

How to make an application

For your application to be valid when submitted we require:

A plan which identifies the hedgerow to be removed (drawn to an identified scale and showing the direction of North).
If the hedgerow is 'less than 30yrs old' you must provide evidence of the date of planting (e.g. grant awarded, photos of planting, invoices for the plants).
Make your Application for a Hedgerow Removal Notice online using the Planning Portal website. There is no application fee or admin charge to make your application online. Get help choosing the correct application type and upload your documents online (no need to provide paper copies). As soon as you submit your application you’ll get a reference number and the application will be made available to us so we can begin to validate it.

The timescale for receiving a decision for your application will be 6 weeks from the date it is 'valid' (contains everything we require).