As a local planning authority, we have specific powers to protect trees in the city by issuing Tree Preservation Orders, although the Forestry Commission is responsible for the control of general felling.
Special provisions also apply to trees within conservation areas.
This information is for guidance only and is not a statement of the law. You should consult a solicitor if you are unsure of your legal rights or obligations.
Further information is available in the Protected Trees Guide published by the Department for Communities and Local Government.
Application form for tree work
Please read the guidance notes and complete an application form if you intend to do tree work.
Viewing tree-work applications
You can view applications (application form and supporting documents) for tree works online via our Planning Public Access system.
The system covers applications received for works to trees in conservation areas and where a tree preservation order is in place.
You will be able to use the online system to view comments made online about an application. If you wish to make a comment online about an application you will need to register and create an account.
We are working towards adding to the system all comments received by other means (post, email etc) on tree-works applications.
Contact
Email the arboricultural team at trees@cambridge.gov.uk or telephone 01223 457200 if you have any questions.
Replacement trees
The council has legal powers to ensure that you plant a replacement tree when required.
Tree Preservation Orders
Tree Preservation Orders are made by the council. They make it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the council's permission.
The purpose is to protect trees which make a significant impact on their local surroundings. This is particularly important where trees are in immediate danger.
All types of trees can be covered by an order, including hedgerow trees (but not hedges), bushes or shrubs. An order can cover anything from a single tree to woodlands.
You will need the council's permission to work on protected trees, except for:
- cutting down trees in accordance with one of the Forestry Commission's grant schemes
- where the commission has granted a felling licence
- cutting down or cutting back a tree:
- which is dying, dead, or dangerous
- in line with an obligation under an act of parliament
- at the request of certain organisations specified in the order
- which is directly in the way of development that is about to start for which detailed planning permission has been granted
- in a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
- to prevent or control a legal nuisance (you may find it helpful to check first with a solicitor)
If you are in any doubt, check with the our arboricultural officers.
Checking if a tree is covered by an order
Details of orders are available for inspection at the council's Historic Environment and Trees department and you can email them with any enquiries.
If you see work being carried out on a protected tree, you can find out if the owner has permission by checking with us.
An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a tree preservation order (or whether your property is in a conservation area). Make sure your solicitor tells you if any trees are protected.
Further information
You can find out more about tree preservation orders in the following:
- Town and Country Planning Act 1990 (in particular sections 197-214 as amended)
- Planning and Compensation Act 1991 (Section 23)
- Forestry Act 1967 (as amended)
- Town and Country Planning (Trees) Regulations 1999 (Statutory Instrument number 1892)
- Department for Communities and Local Government: Tree Preservation Orders: A Guide to the Law and Good Practice.
- You may also find it helpful to obtain a copy of the Forestry Commission’s Tree Felling – getting permission.
Applying for a Forestry Commission felling licence
Whether or not a Tree Preservation Order is in force you must first apply to the Forestry Commission for a felling licence if you want to cut down trees containing more than five cubic metres of wood.
There are exceptions to this rule which are set out in the Forestry Act 1967 and regulations made under that act. For example, you do not need a licence for felling trees in gardens.
Working on trees when a Forestry Commission felling licence is required
If a licence is required and the trees are covered by a Tree Preservation Order, the Forestry Commission will deal with your application in consultation with the council. Where they propose to grant a licence the council will be given notice first.
In such cases the council has the right to object to the proposal and if it does so the application will be referred for decision to the Secretary of State for Communities and Local Government.
Working on trees when a Forestry Commission felling licence is not needed
In cases where you want to work on a protected tree but don't need a felling licence, write to the council's arboricultural officers to seek permission, specifying the trees, what you want to do and why.
You may find it helpful to consult a tree surgeon to clarify what you need to do. The Arboricultural Association has a list of approved tree surgery contractors - write to Ampfield House, Ampfield, Romsey, Hants SO5 9PA, or telephone 01794 368717.
Working on trees without council or Forestry Commission permission
If you know you do not need permission from ourselves or the Forestry Commission you are advised, except in an emergency, to give us at least five days' notice before you cut down a protected tree which is dying, dead or dangerous.
This is in your interest - you could be prosecuted if we think you have carried out unauthorised work.
Deliberately harming a tree
If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the magistrates' court.
In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. For other offences you could be fined up to £2,500.
