Trees

Landowners remain responsible for the care, maintenance and safety of all protected trees growing on their land and are advised to have any trees growing on their property regularly inspected by a suitably qualified arboriculturist.

A Tree Preservation Order (TPO) can protect any tree that has a significant impact on its local surroundings. Residents should check with Medway Council to see if any of the trees they intend to prune are protected.

It is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a protected tree without Medway Council’s permission. The deliberate destruction of a tree may result in legal proceedings leading to fines of up to £20,000 if convicted in the magistrates’ court. There are other offences that can result in fines of up to £2,000.

Permission to work on protected trees is not needed if:

• they are to be cut down in accordance with a Forestry Commission grant scheme;
• where a felling licence has been granted;
• the tree is dying, dead, or dangerous;
• the work is in line with a duty under an Act of Parliament;
• the work is at the request of certain organisations mentioned in the TPO;
• trees or branches are directly in the way of development that is about to start, for which detailed planning permission has been granted;
• the trees are in a commercial orchard and grown for fruit production;
• the works are necessary to prevent or control a legal nuisance (a definition of legal nuisance should be sought from a solicitor).

Except in an emergency, Medway Council’s Tree Team should be given at least five days' notice before cutting down a protected tree which is dead, dying or dangerous. In all other instances, please check with the Team before working on protected trees under one or more of the above exemptions.

How to make an application to carry out work on a protected tree

Please download, complete and return this form: (pdf file, 64 KB)

To use this file you will need Adobe Acrobat Reader. If you do not have this on your computer, please use our advice page.

It is important that the application clearly and accurately describes the proposed work, reasons for completing the work and the location of the tree(s). For example: “To cut back from a neighbouring house by 2m”.

Copies of the Arboricultural Association leaflet No. 8 Mature Tree Maintenance can be obtained from Medway Council’s Tree Team.

Please include any relevant tree reports or structural engineer's report with the application.

All works approved by Medway Council must be undertaken by a competent person, in accordance with British Standard 3998 (Tree Works) within the specified time scale. Advice on suitable works and pruning methods can be sought from the Tree Team.

If a protected tree is cut down, a replacement specimen usually has to be planted. The requirement will vary depending on the circumstances.

Only one application is needed, regardless of the number of different operations the applicant intends to do. This can cover permission for a programme of work over a specified period.

A Forestry Commission felling licence will usually be needed if trees containing more than five cubic metres of timber are to be cut down on sites other than residential gardens, orchards, churchyards or public open spaces.

More information on Tree Preservation Orders is available from the following sources:

Please use this online form:

• for general advice,
• to request a new TPO,
• for advice on the protection status of a tree,
• to report on unauthorised work on a tree,
• for a copy of a TPO.

Legislation

• Part VIII of the Town and Country Planning Act 1990, (www.opsi.gov.uk/acts/acts1990/Ukpga_19900008_en_1.htm)
• The Town and Country Planning (Trees) Regulations 1999, (www.opsi.gov.uk/si/si1999/19991892.htm).
• Section 23 of the Planning and Compensation Act 1991, (www.opsi.gov.uk/acts/acts1991/Ukpga_19910034_en_1.htm)
• The Forestry Act 1967 (as amended).

These documents are available through the Stationery Office and may be seen at some main libraries.

The Forestry Commission (www.forestry.gov.uk) is responsible for the protection and expansion of Britain's forests and woodlands. Specific advice on tree felling can be found at www.forestry.gov.uk/forestry/INFD-5YGFRM or by writing to:

Forestry Commission
231 Corstorphine Road
Edinburgh
EH12 7AT.

The Department for Communities and Local Government has published Tree Preservation Orders: A Guide to the Law and Good Practice (www.communities.gov.uk/index.asp?id=1127782).

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