Highway / street tree felling consultations (Duty to Consult)
Which trees are looked at
The Duty to Consult only applies to trees on streets / highways land that is either owned or maintained by the Council.
It does not apply to:
- trees that are on land which is not owned or maintained by the Council
- trees on publicly (Council) owned land such as:
- parks
- housing estates
Exemptions
There are some situations where the Council can remove a highway or street tree without having a public consultation first.
Situations where an exemption would apply are as follows:
- Small trees less that 80mm diameter
- Dead trees, those that no longer produce leaves or foliage
- Trees that have been assessed as having a disease that requires containment under the Plant Health Act 1967
- Dangerous trees, those that have been assessed by the Council as posing an immediate or impending risk to persons or property
- Trees that are causing an obstruction that cannot be fixed or made better using an appropriate and proportionate engineering solution (section 20 of the Equality Act 2010)
- A Planning development, provided that the Planning Directorate has specifically granted permission to fell the tree(s) under the Town and Planning Act 1990
- Emergency operational works where a Statutory Undertaker (Utility Company etc.) may require the felling of a tree in order to carry out the required statutory emergency works