Which trees are looked at

The Duty to Consult only applies to trees on streets/highways land that is either owned or maintained by the council.

It does not apply to:

• trees that are on land which is not owned or maintained by the council
• trees on publicly (council) owned land such as:
  • parks
  • housing estates

Exemptions

There are some situations where the council can remove a highway or street tree without having a public consultation first. 

Situations where an exemption would apply are as follows:

• Small trees less that 80mm diameter
• Dead trees, those that no longer produce leaves or foliage
• Trees that have been assessed as having a disease that requires containment under the Plant Health Act 1967
• Dangerous trees, those that have been assessed by the council as posing an immediate or impending risk to persons or property
• Trees that are causing an obstruction that cannot be fixed or made better using an appropriate and proportionate engineering solution (section 20 of the Equality Act 2010)
• A Planning development, provided that the Planning Directorate has specifically granted permission to fell the tree(s) under the Town and Planning Act 1990
• Emergency operational works where a Statutory Undertaker (Utility Company etc.) may require the felling of a tree in order to carry out the required statutory emergency works