top of page

Within Tree Surgery

Legislations

This page is a guide to the regulations that tree surgeons must work in accordance with, including information relating to Tree Preservation Orders (TPO), Conservation Areas and endangered animals/insects. If work is not carried out in line with the following legislation, large fines can be imposed and reputations can be tarnished. 


It is important that we, as well as our clients, are made aware and kept up to date with the 

various regulations and legislation as set out below;

Tree Preservation Order (TPO)
& Conservation Areas
A TPO is created by a Local Planning Authority to protect specific trees, an area of trees, groups of trees or woodland from unauthorised works. If your tree(s) are protected by a TPO, consent will be required for the works from the local council.
 
If your trees are situated within a Conservation Area, notice will need to be served to the Local Authority to consider the requested work which will be reviewed to whether there is any objections in your neighbour and whether the work is beneficial.
 
B.M.H Arboricultural will check for any Tree Preservation Orders or Conservation Area status free of charge prior to any works proceeding and if required, can submit a tree works application on your behalf.
Neighbouring Trees & Hedges
If branches belonging to a neighbouring tree are encroaching
onto the boundary of your property, you are entitled to cut back the branches.
 
However, if the tree is subject to a TPO or situated within a Conservation Area, permission will be required from the Local Planning Authority, at the local council.
Nesting Season

The Wildlife and Countryside Act 1981 provides information relating to the protection of various animals and insects. 

 

If you believe that any animal is nesting within a tree that requires surgery, we would recommend that you contact us for a free consultation prior to undertaking any work.

​

Bird Nesting Season Guidelines:

​

  • In accordance to Natural England, bird nesting season officially starts from February until August. However, in reality, the  nesting season starts from 1st March through to the end of July. Occasionally though, there will still be the odd active birds nest in September.

  • Any tree works or hedge works should ideally be completed outside of nesting season to abide by the Wildlife and Countryside Act 1981 and the European Habitats Directive 1992/Nesting Birds Directive.

 

If tree works or hedge works must be done during nesting season, a pre-assessment/survey must be conducted to ensure no active nests will be disturbed. Additional precautions should be taken for potential ground-nesting birds, especially with vehicles and machinery.

Important Offences to Avoid:

​

  • Intentionally killing, injuring, or taking a wild bird.

  • Destroying, damaging, or taking the nest of a wild bird (when being built or active).

  • Destroying or taking an egg of a wild bird.

  • Intentionally disturbing the nest building or active nests, even with eggs or young.

 

Penalties for these offences include unlimited fines, up to six months imprisonment, or both. It's crucial to have a competent person carry out a pre-assessment/survey before starting tree works or hedge works on a site.

bottom of page