How to stand up for trees

Under the Wildlife and Countryside Act 1981 it is against the law to remove, damage or destroy active nests, eggs and chicks of all wild birds. Are the works being carried out during the main bird breeding season (March to September)? If so, and you believe the tree contains nests, you can raise the alarm with the Police on 101 for the attention of a Wildlife Crime Officer. Only the Police have the power to enforce the law. Read more about birds and the law here. 

Unfortunately, the Act does not protect the habitat in which birds live when they are not nesting, so it is important to check the legal status of the tree to find out if anything can be done about the works (see below).  

Bats and their roosts are protected by law meaning that it is illegal to damage, destroy or disturb bats or their roost sites. A roost is any place that a bat uses for shelter, and it is protected whether bats are present or not. Read more about bats and their roosts here. 

If the works have the potential to affect a bat roost, the person responsible for the works (e.g. the tree owner or contractor) must ensure that the relevant surveys are carried out (by an experienced ecological consultant). This is required regardless of whether a tree is protected or not. If a roost is confirmed, and is likely to be lost, a licence must also be obtained.  

If you are worried about works that could disturb bats, this Bats & Trees leaflet produced by the Bat Conservation Trust contains lots of useful information. The advice on page 6 outlines what actions you can take.  

It is important to establish is whether the tree is protected – either by a tree preservation order (TPO) or its location within a Conservation Area – by using an interactive map on your local planning authority’s website (if available) or by contacting them directly. The planning team should be able to confirm the status of the tree, or they may direct your query to the Tree Officer. 

Unfortunately, there are no planning laws that can prevent trees from being cut or removed if they are not protected by a TPO or located within a Conservation Area. 

However, you could voice your concerns about the impact on wildlife to the person carrying out the works and ask if they would consider planting new trees to mitigate for the ones that have been removed. 

• Search the planning authority’s online planning register using the address of the tree’s location (if possible) to check whether planning permission or a tree works consent has been granted that would allow the cutting or removal of the tree. Contact the planning authority directly if you need any help with finding this information.  

 

• You could also check for a site notice which should be displayed somewhere nearby if a planning application or an application for works to a TPO tree has been submitted (note that there is no public consultation for Conservation Area tree works). A site notice will contain the application reference number that you can use to find details of the application on the online planning register, along with the deadline for submitting comments if you wish to. 

 

• If the works have permission, you won’t be able to prevent the tree from being cut or removed. However, a planning officer’s report should be available to view on the online planning register, alongside the other application documents, which will explain the reasons for the decision and any restrictions that must be adhered to, such as timing of the works or the height that the trees can be cut to. 

 

• If you notice that tree works are being carried out before the development has been granted planning permission (if the planning application is still being considered by the planning authority), contact the Planning Enforcement team as soon as possible to get the works stopped and also let the Planning Officer and Tree Officer know. 

 

• If the tree is protected but the works are being carried out without permission from the planning authority, raise the alarm by contacting the Planning Enforcement team as soon as possible to get the works stopped. Unauthorised works to a protected tree is a criminal offence. It will be up to your planning authority to consider what action should be taken next, which will depend on the seriousness of the offence. However, more serious cases may result in prosecution (eg if a TPO tree in good condition is removed). 

If there is a tree in your local area that you feel should be protected, you can submit a request to your planning authority. Friends of the Earth has produced this guidance - How to protect trees: a guide to tree preservation orders – which includes a step-by-step guide on how to request a TPO.  

Remember that planning authorities can only make a TPO if a tree has sufficient amenity value (which depends on factors such as age and life expectancy, condition, wildlife value, visibility to the public or importance to the local environment), or if it is under immediate threat. Learn more about this in the tree protection pages of our country planning system guides (under the ‘other decision-making processes’ hubs). 

If you are concerned about trees in your local area being under threat, you may want to campaign for their protection. Find like-minded people to help you raise awareness and take action in your community. To support you in setting up a campaign, we’ve produced some campaigning how-to guides, and other organisations also have useful resources such as this Friends of the Earth guide, which includes some inspiring success stories at the end.