There are three main ways in which the Council can protect trees in private ownership. The Welsh Assembly has produced a guide which answers some of the most common questions about tree preservation procedures.
Protected Trees: A Guide to Tree Preservation Procedures
Tree Preservation Orders
If you are proposing to carry out work to a tree protected by a Tree Preservation Order you can make an appointment with the Council’s Forestry Officer to discuss the work prior to the submission of an application (Application for tree works: works to trees subject to a preservation order). The Forestry Officer will be able to advise you about the application process, how long your application is likely to take and assist you with completing your application. Advice can also be given about the tree’s condition and the appropriateness of the proposed work.
If you are proposing to carry out work (e.g. felling, topping or lopping) to a tree inside a Conservation Area it will usually be necessary to submit a Notification for works to trees to the Council for consideration. Before submitting a notification the Council’s Forestry Officer will meet with you to discuss your proposal and assess the tree. Once a valid notification is received by the Council it has six weeks to consider the proposal. The Council will endeavour to respond to your notification within this period however if you do not receive a reply once this period has expired you can proceed with the work specified.
Planning Conditions restricting the felling and pruning of trees are often imposed when planning consent for development is granted. If you are proposing to carry out work to a tree which is the subject of a planning condition currently enforced by the Council it will usually be necessary to submit a Notification for works to trees.
Making an application
Unlike most other planning applications no fee is payable when making an Application for tree works: Works to Trees Subject to a Tree Preservation Order (TPO) and/or Notification of Proposed Works to Trees in Conservation Areas (CA).
What do I need to submit?
1 – Application form
Apply online using the national Planning Portal (attach plans & documents, log in/out and submit whenever you are ready, and get step by step guidance), or
Download paper forms from the Planning Portal (to print and submit by post or hand)
2 – Plans, drawings and supporting documents
Planning Application Requirements is a list of the drawings and supporting documentation you must submit with your application to make it valid.
If you don’t have electronic documents to attach to an online application you can still complete the application form online. You can then submit some or all the supporting documents by post or by hand to the address at the top of the form. The Planning Portal will guide you through the process.
How the Council will deal with your application
Once an application has been validated the Council has eight weeks to determine it (or two months in the case of Tree Preservation Orders made prior to 1999). If your application is likely to take five or more weeks to be determined the Council will acknowledge your application. This will be the case if your application needs to be publicised and consultations with interested parties undertaken. Where this is not required your application will be determined within 1-3 weeks.
When determining your application an assessment will be made of the tree and the contribution that it makes to the amenity of the area. There is the presumption against the felling of healthy trees and inappropriate lopping or topping. This is supported by a relevant planning policy in the Unitary Development Plan.
Consents to fell trees are usually accompanied by a planning condition requiring the planting of a replacement.
Appealing against refusal or conditions
You can appeal to the Planning Inspectorate if your application is refused or any condition is imposed by the Council as part of the consent.
In order to comply with Data protection requirements we draw your attention to the fact that information provided in your application is used solely for the purposes of determining the application, and as part of this process it is made available to the public. Applications are made available on our website and within the Public Register at County Hall, Mold.