No, there are a number of exemptions from the normal requirement to obtain Doncaster Council’s consent. However, anyone proposing to carry out work on a protected tree under the exemptions listed below is strongly advised to discuss the proposals with the Council or a reputable arboricultural contractor first or to give five days’ written notice before carrying out the work, except in an absolute emergency.
This is in your interests – you could be prosecuted if you carry out the work but cannot prove beyond reasonable doubt that the work was essential, or if it exceeds that allowed by the exemptions.
Doncaster Council’s consent is not required for cutting down or carrying out work in the following circumstances:
Where a tree is Dead, Dying or Dangerous. Determining whether a tree is dead, dying or dangerous is not always straightforward, however. In order to comply with this exemption there must be a present danger, although this need not be limited to the tree itself. This exemption allows work to be carried out only so far as is necessary to make the tree safe, for example a tree cannot be felled where the removal of a dead branch will suffice. The removal of deadwood is not considered appropriate from trees within a woodland designation.
A dead or dying tree with hollows, crevices and deadwood can provide habitat for a variety of wildlife and due regard should be given to the Wildlife and Countryside Act 1981. It should also be noted that the felling of dying or diseased trees might not be exempt from the need to apply for a Felling Licence. It is the owner’s responsibility to obtain any necessary consent under such legislation.
To abate a Legal Nuisance. It is the view of the Courts that the nuisance in question must be ‘actionable in law’, i.e. there must be actual or imminent damage. The cutting back of branches or roots that merely grow over a boundary does not constitute an ‘actionable nuisance’ and Doncaster Council’s permission is needed before pruning protected trees for this reason. This exemption allows work to be carried out only so far as is necessary to abate the nuisance. Two properties must be involved; householders cannot claim that trees on their own land are a nuisance to themselves.
To comply with a Statutory Obligation. This exemption allows work to be carried out only so far as is necessary to comply with the obligation, for example, a roadside tree cannot be felled where crown lifting to 5.5m above the carriageway (2.5m above a footpath) would prevent the obstruction of a public highway in line with section 154(1) of the Highways Act 1980. Similarly, Doncaster Council’s consent is not required for cutting down trees in accordance with section 15(6) of the Forestry Act 1967 (a Felling Licence) unless the Tree Preservation Order is made after the Forestry Commission have granted the Felling Licence.
In accordance with a Forestry Commission Grant Scheme, however, work must be carried out in accordance with the approved plan of operations.
At the request of certain Statutory Undertakers specified within the Tree Preservation Order, for example the Electricity Board, the Civil Aviation Authority or the Environment Agency.
To implement a Detailed (Full) Planning Permission, for example, consent is not required to prune or remove a tree that is directly in the way of the approved development. This exemption does not apply where a tree does not directly prevent implementation of the development as approved, or to allow the erection of scaffolding or access for machinery, where only an outline planning permission has been granted, or for development under permitted development rights. In these cases Doncaster Council’s consent is required before carrying out any work on a tree.
To Prune a Fruit Tree in a commercial orchard, or in accordance with good horticultural practice for the purposes of fruit production.
Even where work is exempt from the application or notification procedure it is important that it is carried out in accordance with the appropriate standard of work; BS3998: 1989 Recommendations for tree work.
In most cases, the Town and Country Planning Act 1990(as amended) imposes a legal duty on the owner of the land to replace any tree removed in accordance with one the above exemptions, and Doncaster Council has powers to ensure that this duty is fulfilled.
Unlawful work to a protected tree is a criminal offence and can result in a criminal record. Any person deliberately destroying a tree, or damaging it in a manner likely to destroy it, could be fined up to £20,000 per tree if convicted in the magistrate's court, or subject to an unlimited fine upon indictment to the crown court. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence. For other offences (for example, cutting back branches that overhang a boundary without consent) fines can be up to £2,500.
Getting Consent to Work on a Protected Tree