Tree Preservation Orders and Works to Trees in Conservation Areas

A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the:

• cutting down
• topping
• lopping
• uprooting
• wilful damage
• wilful destruction

of trees without the local planning authority’s written consent. If consent is given, it can be subject to conditions which have to be followed. In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent.

In addition to the above, trees with a diameter greater than 75mm located within Conservation Areas are subject to statutory protection. Anyone wishing to fell, prune or uproot trees in a conservation area must give us six weeks' notice, unless they form a hazard to public safety or are already covered by a TPO.

Below is a map containing spatial data held by us in respect of our Tree Preservation Orders and Conservation Areas in the Bolsover District planning area.

Please note that this data does not include Derbyshire County Council Tree Preservation Orders. Derbyshire County Council Tree Preservation Orders can be viewed on the County Council’s website (opens in a new window).

Works to trees subject to a TPO require an application to the District Council which can be submitted through the Planning Portal website or by This email address is being protected from spambots. You need JavaScript enabled to view it. (opens in a new window). Works to trees in a Conservation Area also require a notification to the District Council. Such notifications can again be made by This email address is being protected from spambots. You need JavaScript enabled to view it. (opens in a new window) or through the planning portal. Should you have any questions, please contact the Development Management Team by This email address is being protected from spambots. You need JavaScript enabled to view it. (opens in a new window) or telephone 01246 242424.

Our spatial data is based on the maps that form part of confirmed TPOs. Whilst every effort has been taken to ensure that this data is accurate, we cannot rule out inaccuracies. The data is provided for information purposes only. Should clarification be required on whether a tree is protected by a TPO or by virtue of being located in a conservation area, you are advised to seek clarification from the Development Management team, using the contact details provided above.

Tree Preservation Orders (TPOs) are used to protect selected trees and woodlands if their removal would have a significant impact on the environment and its enjoyment by the public. Priority for Tree Preservation Orders is generally given to trees which are considered to be under threat, for example where development is proposed.

High Hedges

Part 8 of the Anti-Social Behaviour Act 2003 gives local authorities powers to deal with complaints about high hedges.

Provided that you have tried and exhausted all other avenues for resolving any hedge dispute, you will be able to forward your complaint to us by submitting detailed forms, support evidence and other documentation.

Cost

The fee for submitting a complaint to us is £390.

A high hedge is defined as a line of two or more evergreen, or semi-evergreen, trees or shrubs which are two or more metres in height and which block light or access to a domestic property.

Complaints

Complaints must relate to the height of the hedge as problems relating to roots are specifically excluded from the Act.

Complainants must be able to demonstrate that they have taken all reasonable steps to resolve the problem by negotiation before an approach is made to us. Even though a dispute may have been going on for many years, new evidence of a serious attempt at amicable resolution will be required to validate any formal complaint application. Complainants are advised to either speak to neighbours or write a polite letter advising of concerns. If agreement cannot be reached, the matter may be subject to independent mediation as recommended by the Government. The National Mediation Helpline is the contact for those who wish to find their nearest community mediation service.

It is not our role to mediate or negotiate between neighbours, but to adjudicate as a neutral "third party" on whether - in the words of the Act - the hedge is "adversely affecting the complainant's reasonable enjoyment of their property". In doing so, we must take account of all relevant factors and must strike a balance between the competing interests of the complainant and the hedge owner, as well as the interests of the wider community.

We may either dismiss the complaint or where circumstances justify it issue a formal notice of remediation to the hedge owner. The notice will only require works to the hedge that address any problems it is causing. There is no general requirement for hedges to be cut down to two metres. However, the notice cannot require the reduction of the hedge to a height of less than two metres, or its complete removal. The notice would also set a time limit for carrying out the works and that a maximum height is maintained thereafter. Failure to carry out the works required by us is an offence, which on prosecution, could lead to a fine of up to £1,000 and so much per day thereafter. We ultimately have the power to carry out the works in default of the hedge owner and recover our costs.

Anybody considering making a formal complaint about a high hedge is advised to contact us beforehand to discuss whether there is anything more that can be done to try to resolve the issue amicably. However, we are unable to advise on the likelihood of a successful outcome.

Prior to the submission of a complaint to us, complainants need to carry out exhaustive actions themselves, including collecting detailed evidence and in particular attempting to resolve the matter amicably with their neighbours.

You can download a copy of the high hedge complaint form. 

For further information regarding high hedge complaints visit GOV.UK (opens in a new window).

Hedgerow Regulations

The Hedgerow Regulations, which were introduced in 1997, gave Local Planning Authorities the power to control the removal of hedgerows.

The regulations apply to any hedgerow which:

• grows in, or adjacent to any common land, local nature reserve, Site of Special Scientific Interest (SSSI), or land used for agriculture, forestry of the breeding or keeping of horses, ponies of donkeys, and
• has a continuous length of at least 20 metres, or if less than 20 metres, meets another hedgerow at each end.

The Regulations require the owner to serve 42 days notice on the Local Planning Authority of intention to remove a hedgerow. This requirement does not apply to garden hedges. During this period the hedgerow will be evaluated to determine whether it is an "important hedgerow" as defined by criteria contained within the Regulations. We have the power to serve a Hedgerow Retention Notice on hedgerows classified as being "important".

For these purposes, an important hedgerow is one which is 30-years old or more and meets at least one of the archaeological and ecological criteria set out in the regulations.

If you are considering removing a hedgerow, check with us to see whether a Hedgerow Removals Notice needs to be completed.