Trees and Hedges

Trees and Hedges

Trees and hedges in the landscape perform a number of functions. They are of aesthetic and amenity value, and act as landmark features in urban and rural areas. They also have nature conservation, historic and recreational value. Trees in the Northern Ireland landscape are limited, therefore, where they do exist their contribution is valued. The Council is committed to conserve and retain existing trees and other features where these are of landscape or amenity value, and will use its powers to protect trees where necessary.

Where these features exist on or adjacent to a site, they should be highlighted in site appraisals and the measures to ensure their retention and long-term maintenance outlined. This will include their protection during construction. As a minimum, any activity, works or storage around trees should be kept away from the limit of the crown spread or a distance of half the height of the tree, whichever is the greater. Secure fencing shall be erected around this area prior to any activity, works or storage and maintained throughout until site completion. Further guidance on the protection of trees is set out in the publication ‘Trees and Development – A Guide to Best Practice, available from the Planning Office or the planning portal website.

More comprehensive information and guidance regarding the management, protection and planting of trees in the vicinity of structures, and for the protection of structures near trees is provided in the British Standard: Trees in Relation to Design, Demolition and Construction – Recommendations, BS5837:2012, and the British Standard: Tree Work – Recommendations, BS3998:2010, provides information and guidance on working practices in relation to established trees including the safety of people and property, decision-making criteria for tree work, wildlife and habitats, and veteran trees.

Policy ENV3, Volume 1 of the Northern Area Plan 2016 relates to trees and hedges and advises that development that would result in the loss of trees, hedges or other features that contribute to the character of the landscape, or are of nature conservation value, will not be permitted unless provision is made for appropriate replacement planting and the creation of new features.

The Value of Trees and Why We Protect Them?

Trees can make an important contribution to the environment due to their high amenity value. They create a varied, interesting and attractive landscape. Trees can:

• Define the character of an area;
• Create a sense of place;
• Screen and integrate development;
• Soften hard surfaces;
• Provide wildlife habitat;
• Contribute to our health and wellbeing and;
• Improve air quality and release oxygen.

Regardless of whether trees are protected or not, landowners are responsible for the condition and maintenance of trees in their ownership.

The advice outlined relates to Tree Preservation Orders and Trees in Conservation Areas within the remit of the planning process. There may be other protections outside of the planning process that relate to protected species or restrictive covenants which should be considered before carrying out any works to tree(s).

Planning Mechanisms for the Protection of Trees

There are three planning mechanisms that relate to the protection of trees. These are Tree Preservation Orders (TPO), Trees within a Conservation Area, and conditions relating to the retention of trees as part of an approved planning application.

Tree Preservation Orders

TPOs can be placed on individual trees or on groups, areas or entire woodlands. TPOs provide a high level of protection as Consent, in most cases from the Council, must be obtained for any proposals to fell or carry out works on a tree affected by a TPO. All TPOs within this Borough can be viewed via the Tree Preservation Orders Interactive Map.

Trees within a Conservation Area

A Conservation Area is a designated area of special architectural or historic interest. There are five Conservation Areas in the Borough. These are:

• Ballycastle Conservation Area
• Ballymoney Conservation Area
• Bushmills Conservation Area
• Cushendall Conservation Area
• Cushendun Conservation Area

Trees within a conservation area are protected provided that they have a minimum trunk diameter of 7.5cm, measured at a minimum 1.5m above ground level as prescribed by The Planning (Trees) Regulations (Northern Ireland) 2015. Further guidance on tree size in conservation areas may be viewed via this link: https://www.legislation.gov.uk/nisr/2015/84/contents/made

Conditions Relating to an Approved Planning Application

Planning restrictions exist on some sites prohibiting works and the removal of trees. These are typically conditions attached to a planning approval. These are separate from a TPO. Works to trees protected by a planning condition may require written approval from the Council. The interactive map does not cover trees protected by a planning condition. The Northern Ireland Public Register (Planning Portal) should be accessed to determine if a planning permission has any relevant conditions pertaining to the protection of trees on the approved site.

The Purpose of Tree Tags on Trees

It is important to note that a tag on a tree does not confirm that it is, or is not, protected by a TPO. The presence of a tag on a tree is simply a result of a tree survey that has taken place, with specific trees tagged for identification purposes as part of a report/survey for tree management purposes.

A tree may have a number of tags on it, for example from when it is initially surveyed to determine its suitability for a TPO, and from subsequent surveys by the landowner, for example to determine its health and condition to inform a request for consent to carry out works to a protected tree. Over time, tree tags can become displaced from trees, and the presence, or lack of presence, of a tag on a tree does not dictate the protection status of the subject tree.

Why Impose a Tree Preservation Order (TPO)?

TPOs are used by the Council to protect selected trees or woodland if their removal is likely to have a significant impact on the local environment and its enjoyment by the public. The Council has a specific duty in relation to trees under Article 122 of the Planning Act (Northern Ireland) 2011. The primary test for assessing a TPO request relates to public amenity value.

Any tree of public amenity value can be protected by a TPO, and can range from a single tree to woodlands. Normally, unless a Woodland TPO is proposed, hedges, bushes and shrubs are not protected. A Woodland TPO protects all trees within the defined area, including seedlings and saplings as these relate to the woodland’s natural regeneration.

How Do I Find Out if a Tree is Protected by a TPO or Located in a Conservation Area?

The Council’s interactive map shows all provisional and confirmed TPOs, as well as the Borough’s five Conservation Areas.

The interactive map comprises a boundary showing the extent of each TPO site. By clicking on the relevant site, further details on the TPO Schedule including Maps A (showing extent of TPO site) and Map B (the specific trees covered by the TPO at the time of the TPO designation) can be viewed.

It is important to note this interactive map should be used as a guide only as the TPO Notice reflects the trees on the site at the time of the designation. There may be Consented Works to trees that have been approved after the TPO was put in place. As a result, some of the protected trees shown on the map may no longer be present. Therefore, any Notice should be read in conjunction with any consented works, planning approvals and other site-specific matters.

The information on our maps is indicative only and not legally binding. If you have any queries, please contact Development.Plan@causewaycoastandglens.gov.uk with the TPO Reference and / or address.

What is the Difference between Map A and Map B in a TPO?

There are normally two maps associated with the Council’s TPOs. Map A identifies the extent of the TPO site. Map B identifies the specific individual tree(s) and tree groups protected by the TPO. Map B is typically associated with the arboriculturist’s report, which outlines the tree type, condition, age and arboricultural recommendations, and is carried out at the time of the designation to help inform the suitability of the TPO.

Note: There are some older TPO sites which comprise Map A only with all trees within the red line protected by the TPO.

How Do I Request That a TPO Is Considered?

Any member of the public, an interested party or an elected member can request that a tree, a group of trees or a woodland be considered for suitability for a TPO. The person making the request does not have to be the landowner.

Additionally, the Council or the Department for Infrastructure may initiate a TPO request in association with a planning application, the Development Plan process or in response to any threat.

A written request must be submitted to the Council via the Northern Ireland Public Register, email or by letter. (Contact details can be found below).

Any request for consideration of a TPO must:

• Clearly identify the tree / trees / woodland to be protected (in red on a scaled Map/Plan);
• Include reasons clearly stating why the tree / trees / woodland should be protected. This must include detailed information on the threat to the trees, (any relevant background / site specific information, and land ownership details would also be helpful); and
• Provide contact details i.e. name, address, telephone number and / or email of requester for correspondence purposes.

Is There a Fee for Submitting a TPO Request?

There is no fee for submitting a TPO request.

How Does The Council Decide if Trees are Worthy of a TPO?

The Council may make Tree Preservation Orders to protect selected trees or woodland if their removal is likely to have a significant impact on the local environment. To be considered for a TPO, trees must be of high public amenity value and be in a reasonably healthy condition.

It is important to note that, whilst members of the public can request a TPO, it is at the Council's discretion whether to proceed or not with such statutory protection. Trees have to satisfy certain enabling criteria (detailed below), before they will be considered worthy of protection by the Council.

There may be occasions where, although a tree may merit protection on amenity grounds, the Council may determine that it would not be expedient to make it the subject of a TPO, including whether there is a perceived threat to the tree. The fact that a tree is publicly visible will not, in itself, be sufficient to warrant a TPO, as other factors, such as potential threat, wider impact and any other site specific issues have to be considered.

The following criteria will be used when assessing the merits of a potential TPO:

• Potential Threat: Priority will be given to the protection of those trees deemed to be at immediate risk from active felling or damage from development on site, i.e. planning application submitted on the site. All other requests will be assessed and prioritised accordingly.
• Visibility: The extent to which the trees or woodlands can be viewed by the general public will inform the assessment of whether the impact on the local environment is significant.
• Individual Impact: The mere fact that a tree is publicly visible will not itself be sufficient to warrant a TPO. The tree’s particular importance will be assessed by reference to its size and form, and its amenity value will be assessed taking into account any special factors, such as its screening value or contribution to the character or appearance of an area. It must be of high amenity value from the public perspective. In relation to a group of trees or woodland, an assessment will be made of the collective impact in terms of high amenity value.
• Wider Impact: The significance of the trees in their local surroundings will also be assessed, taking into account how suitable they are to their particular setting, as well as the presence of other trees in the vicinity. The potential loss of identified tree(s) will be assessed to determine if this would cause a detrimental impact on the wider area in terms of impact on landscape character or appearance.
• Historical Importance: Certain trees because of their age and / or association with the setting of a Listed Building may be assessed for a TPO. It should be noted that all trees located within a designated Conservation Area are protected as if a TPO had been served, under Section 127 of the Planning Act (NI) 2011.
• Rarity: There may be occasions where a tree(s) may be considered for TPO protection solely on the grounds of its rarity. The priority of this will reflect the rarity of the species.

How are TPO Requests Processed?

Subject to an initial assessment on the potential suitability of the trees for a TPO and a site inspection, the Council may impose a Provisional TPO (pTPO). A pTPO covers all trees located within the site as identified on Map A. A pTPO takes effect immediately on the date specified in the notice and provides protection for the trees for a period of six months. Within this time period, the Council carries out a further detailed assessment which may include the procurement of an arboriculturist to prepare a detailed survey of the tree(s).

Following this detailed assessment, a report on the suitability of the TPO is presented to the Council’s Planning Committee with a recommendation with the following three options available to the Council:

• Confirmation – This option confirms that all trees in the site identified in the provisional notice are worthy of a TPO.
• Confirmation with Modification - This option does not protect all trees within the identified site but only those deemed to be worthy of a TPO with a more detailed Map B and the TPO schedule annex identifying the specific trees covered.
• Not confirmed – This option does not protect any trees within the identified site.

If the six-month timeframe lapses, it is considered that the trees identified in the pTPO are not worthy of formal protection via a Confirmed TPO.

Exceptionally, a Full TPO with a 28-day representation period may be served where circumstances deem it appropriate.

If a TPO is considered appropriate, a Notice will be prepared and issued to the landowner and served on site, with statutory charges registered with Land and Property Services. Adjoining landowners and interested parties are also notified.

General Overview of the TPO Process

The flowchart sets out an overview of the TPO process.

Can I Object to or Comment on the Imposition of a Provisional TPO?

Representations and comments may be made by anyone within 28 days from the date a pTPO is served. Representations will be considered by the Council prior to making a decision on the requested TPO. All representations will be acknowledged in writing.

Do I Need Consent from the Council to Fell or Carry Out Works to a TPO or to a Tree within a Conservation Area?

Under legislation, anyone wishing to carry out remedial works to protected trees must apply to the Council's Planning Section for Consent. To apply for works to trees, written request can be sent to the Council via the Planning Portal or by completing the TW1 Form. The Council has prepared associated guidance to assist applicants in their applications Guidance Notes for Form TW1 - Application for tree works: Works to trees Subject to a Tree Preservation Order (TPO) and/or notification of proposed works to trees in a Conservation Area. (CA).

In considering any potential works to trees, the more appropriate approach is to explore the option of sensitive remedial works rather than seek the removal of any trees. Any proposed removal of trees will require adequate reasoned justification for the proposed works.

It is advisable to seek the services of a qualified Arboriculturist to prepare a Tree Health and Condition report prior to any formal submission for works to trees. In circumstances relating to the felling of a tree due to its condition, supporting arboricultural evidence must be provided.

The following information must be provided as detailed within the TW1 Form (these are normally contained in a Tree Report):

• Identify the location on a suitably scaled map;
• Clearly specify / identify the tree / trees / woodland involved;
• Fully state the extent of the work you wish to carry out;
• Provide reasons why you wish to carry out the work; and
• Include details of any replacement planting if applicable.

There is no fee associated with applications for Consent.

On receipt of a valid Consent Form and any supporting information, the Council will assess the application and may grant approval, grant approval subject to condition(s) or refuse consent.

Where a tree is located in a Conservation Area, the Council has 6 weeks to respond to a request to carry out works. If the Council considers that the proposed works should not be carried out, it can impose a formal TPO to cover the specific tree(s). In exceptional circumstances, where there is imminent danger, the applicant may proceed, at risk, with works immediately but must satisfy the Council of the imminent danger presented by the tree(s) by submitting evidence in the form of a report and photographs.

Please note that anyone can apply to carry out works even if they are not the owner of the tree(s). However, if approval is granted, the owner’s consent is required prior to entering their land to carry out works on or from their property as this is a civil matter outside of the planning process.

What if a Protected Tree is Dead or Dangerous?

It is not the intention of a TPO to keep unsafe trees. Anyone who is unsure as to the condition of a tree is advised to obtain the advice of a qualified Arboriculturist.

While consent is not required for the removal of protected trees that are dead or dangerous, the onus remains with the owner to ensure that proof can be provided to the Council demonstrating that the tree(s) are dead or dangerous. It is recommended that the Council is made aware of the proposed works prior to them being carried out. Owners should provide the Council with evidence to demonstrate the condition of the affected trees that are considered to be dead or dangerous. Where a dead or dangerous tree is removed, the Council has the right to require the replanting of a tree of an appropriate size and species in the same location as soon as is reasonable.

Regardless of whether a tree is protected or not, the landowner remains responsible for the management of the trees, their condition and any liability in relation to damage they may cause.

Is it an Offence to Fell or Damage a Protected Tree?

Yes, it is a criminal offence to carry out works to protected trees without consent. Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree subject to a TPO or a tree in a Conservation Area may be guilty of an offence and could be liable to a fine of up to £100,000 or an unlimited fee.

Anyone who wishes to contact the Council regarding a potential offence may do so via the contact details below or, alternatively, using the online facility on Public Access.

Do Statutory Undertakers Require Consent to Carry out Works to Protected Trees?

Statutory undertakers, such as transport providers and utility companies, have statutory powers and legislative provisions which enable them to carry out necessary works to protected trees on operational land in the undertaking of their statutory duty without the Council’s consent, as they have exception under The Planning (Trees) Regulations (Northern Ireland) 2015.

Does a TPO Protect Wildlife?

No. Any impact on wildlife is considered under separate legislation outside of the planning function. The relevant legislation is The Wildlife (Northern Ireland) Order 1985.

Anyone who has concern on wildlife issues should speak directly with the Northern Ireland Environment Agency (NIEA) Wildlife Team. The Council draws applicants’ attention to the responsibilities under the Order when works are undertaken on trees.

The Order states that it is an offence to intentionally kill, injure or take any wild animal included in Schedule 5 of the Order. It is also an offence to take damage or destroy the nest or egg(s) of birds or to disturb bird(s) while they are building, in or at a nest, or whilst they have dependant young. The Bird Breeding Season, as defined in the Order, runs from 1st March to 31st August. Prior to carrying out remedial work to any tree, applicant(s) must take all due precaution to ensure their actions are in compliance with the Wildlife (Northern Ireland) Order 1985.

The Police Service Northern Ireland (PSNI) also has a responsibility to investigate cases of suspected wildlife crime, and have a Wildlife Liaison Officer who specialises in such matters.

The following link may be helpful in relation to the Wildlife Order:

https://www.daera-ni.gov.uk/publications/wildlife-law-and-you

The Planning Department’s Contact Details

Email

Development.Plan@causewaycoastandglens.gov.uk

Address:

Planning Department

Causeway Coast & Glens Borough Council

Cloonavin

66 Portstewart Road

Coleraine

BT52 1EY

Tel: +44 (0) 28 7034 7034