The Council is responsible for considering the protection of trees and landscape features when determining an application for planning permission. If planning permission is granted it may include conditions requiring the protection of existing trees and landscape features, and development may be subject to a requirement to undertake planting and landscaping works.
Trees
Trees can be protected by the imposition of a Tree Preservation Order which can affect either individual trees, groups or woodlands.
The principal effect of a Tree Preservation Order is to prohibit the:-
- Cutting down
- Uprooting
- Topping
- Lopping
- Wilful damage
- Wilful destruction of trees without the Local Planning Authority's consent
Anyone who, in contravention of a TPO:-
- Cuts down, uproots or wilfully destroys a tree, or
- Tops, lops or wilfully damages a tree in a way that is likely to destroy it is guilty of an offence.
Anyone found guilty of this offence is liable, if convicted in the Magistrates Court, to a fine of up to £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted is liable to an unlimited fine. In determining the amount of any fine for this offence, the Court must have regard to any financial benefit, which has accrued, or is likely to accrue, in consequences of the offence.
Tree Protection Orders are used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. The benefit may be present or future; trees may be worthy of preservation for their intrinsic beauty or for their contribution to the landscape or because they serve to screen an eyesore or future development. The value of the trees may be enhanced by their scarcity; and the value of a group of trees or woodland may be collective only. Other factors, such as importance as a wildlife habitat, may be taken into account, which alone would not be sufficient to warrant a TPO. In order to assess the value of trees for their inclusion within a TPO, this Council carries out an amenity evaluation, which takes into account the above factors as well as other set criteria. This ensures that the Council are consistent in the way they deal with TPO's. The Council has already more than 550 TPO's in its area.
Formal Council consent is normally required to cut down or carry out work to protected trees. Applications to undertake such work are made to the Council who will inspect the tree or trees with reference to each individual application. For making a decision, criteria is used to assess the trees amenity contribution whilst taking into account the applicant's reason for undertaking works. The Council will not usually refuse consent for works to trees covered by a TPO where it can be proven that such work is necessary. For example, where trees are affecting nearby buildings and causing structural damage, or where they become an inherent danger due to their size, location and condition. However, each tree is assessed individually. The existence of a Tree Preservation Order allows the Council to require replacement planting should a tree need to be removed.
Trees in Conservation Areas
Trees are protected if they are located within a designated Conservation Area and are at least 75mm in trunk diameter when measured at 1.5m above ground level. Anyone proposing to fell, prune, lop or top a tree within a Conservation Area needs to give the Council six weeks’ notice of such intent. As with Tree Preservation Orders, failure to do so is a criminal offence. The Council, during the six-week period, will consider whether the work is necessary and can proceed, or whether the works would be harmful to the tree or the loss of the tree detrimental to the area. If the Council decides to oppose the removal of the tree, then a Tree Preservation Order will be made before the expiry of the notice period. If you are considering undertaking work to trees in a Conservation Area, you are advised to seek advice from the Council.
Council Owned Trees
The Council owns and controls quite a number of trees in parks, gardens, on highways and in cemeteries etc. and carries out tree planting where appropriate.
Hedgerow Protection
Since 1997 the Council has had a duty to protect hedgerows in the countryside under the Hedgerow Regulations. Anyone wishing to remove a hedgerow needs now to give the Council six weeks’ notice of their intention to do so. The Council, during this time, has to assess whether the hedgerow is ‘important’ under the Regulations and has the opportunity to serve a Retention Notice if this is the case. The Regulations also give the Council powers to require the re-planting of a hedgerow that has been removed without such consent and impose penalties for such an offence.
Nature Conservation
The East Riding contains a number of major Nature Conservation sites which have both national and international designations; for example, the Lower Derwent Valley is a Special Protection Area (S.P.A.) as well as a Site of Special Scientific Interest (S.S.S.I.). There are a large number of SSSIs in the area. A few of these are so special as to be of international importance, including areas at Flamborough, The Humber Estuary and Spurn Point, and the Lower Derwent Valley. The impact of any potential new development in these areas has to be carefully considered to ensure no adverse effects on the nature conservation importance of these areas.
In addition to those areas, which are statutorily designated there are a number of sites which have local Nature Conservation interest and are identified through the Local Plan system. The impact of potential new development on these sites will also be carefully considered at the planning application stage, and when land is considered for allocation in Local Plans. The Council holds a register of such sites and is constantly seeking to update and improve this information.
