Flintshire County Council

Tree works - applying for consent

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You must notify Flintshire County Council before carrying out any works that may affect a tree within a conservation area or which is protected by a Tree Preservation Order. The following gives information on how to apply to Flintshire County Council for consent for works to trees.

For applications and information regarding Felling Licences for woodland trees visit the Forestry Commission Website (new window).

Discussing your proposal

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. The Council’s 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.

The cost of applying

Unlike most other planning applications no fee is payable when making a Tree Preservation Order application.

Obtaining an application form

Application form & supporting information

When you are ready to make your application, you must complete the correct form. You can choose to submit your application online or download, print and post forms.   Before submitting your application, please refer to the checklist of Planning Application Requirements which apply to your chosen form.  Your application can be declared invalid if you do not submit the correct information.

When making an application for consent to carry out works to trees you should ensure that sufficient information is submitted. If you are intending to prune a tree you should state precisely what type of pruning you are applying to carry out. It is often useful to refer to any quotations for the precise specification.

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.

When granting consent for pruning the Council will impose a planning condition requiring the work to be undertaken in accordance with the British Standard, Recommendations for Tree Work BS3998(1989). This is to ensure the pruning is undertaken to an acceptable quality and with regard to the long term well being of the tree.

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 National Assembly for Wales if your application is refused or any condition imposed by the Council as part of the consent. If the notice of refusal relates to a Tree Preservation Order made prior to 1999, on occasions the Council may issue what is known as an Article 5 Certificate with the decision. These can be issued with the notice of refusal when the Council considers that the application is not in accordance with good forestry practice or affects a tree which has outstanding or special amenity.

The effect of the Article 5 Certificate is to remove Council liability for having to pay compensation as a result of its decision. If an appeal against an Article 5 Certificate is successful then the Council may have to pay compensation. There are clearer provisions, within Tree Preservation Orders made after 1999, for the Council to pay compensation as a result of its decisions.

Further information

If you require further advice or information please contact the Council's Forestry Officer in the Environment and Conservation section.  Telephone 01352 703264 or submit an enquiry online (will open an e-form)