Bromley’s tree management strategy policies

Management of trees on private land

The council will encourage best practice in the management of trees on private land.

Dangerous trees on private land

The council may serve notice on the owner of a private tree if it considers the tree to present an unreasonable risk to the public.

If remedial work is not undertaken to the satisfaction of the council, the council can undertake the necessary works to mitigate the risk and will recover costs from the tree owner.

As a last resort, the council may use its discretionary powers under the Highways Act 1980 (section 154) and Local Government (Miscellaneous Provisions) Act 1976 (sections 23 and 24 – Dangerous trees) to take the minimum action necessary to remove immediate danger to the public caused by the tree on private land.

As these powers are discretionary, the council will only guarantee action if a tree in private ownership is likely to impact the highway or council owned property.

All other instances will be assessed on a case-by-case basis and in accordance with the relevant tree risk management strategies.

The council may seek to recover its costs once works have been completed and this can include an administration fee. If the owner is untraceable or uncontactable, a land charge will be entered against the property for future payment.

Protecting privately owned trees

The council will make use of Tree Protection Orders (TPOs) and conservation area legislation to ensure that trees of high amenity value are protected.

TPOs

Anyone wishing to remove or prune a tree under a TPO is required by law to make a formal application to the Planning Authority. Applications that are incomplete or do not include sufficient information will not be registered. Once and application has been registered it will be assessed and a decision notice will be issued within eight weeks.

Tree owners carrying out permitted development to their property adjacent to protected trees may also require permission before starting work. This is especially likely of the development is likely to lead to the severing of roots or branches.

The council will maintain an electronic copy of TPOs and will regularly review and update them, recognising that many are old and require review.

Conservation Areas

Any person wishing to remove or undertake works to a tree within a conservation area is required to give six weeks’ notice to the Planning Authority. The council will register, assess, and respond to all notifications within six weeks. The council may:

• Allow the proposed works
• Negotiate to agree alternative works
• Serve a TPO to prevent the proposed works.

If a response is not received within six weeks, the applicant should contact the council before proceeding.

Trees and Development

Planning applications for new development will require compliance with planning policy which seeks to retain existing trees within a development site and promote the planting of new trees where possible.

The council requires that all development applications that affect trees provide the following information to the standards detailed in BS 5837:2012 – Trees in relation to design, demolition and construction during the planning process.

In accordance with Policy 7.21 of the London Plan in respect of trees and woodlands, the council agrees that ‘any loss as a result of development should be replaced following the principle of ‘right place, right tree’. Wherever appropriate, planting of additional trees should be included in new developments, particularly large canopied species.

The council may require the provision of the following information (to the BS 5837:2012 standard) at the various stages of the planning process:

Pre-application stage:

• Tree survey
• Tree retention/removal plan
• Consideration for protected wildlife species

Planning application stage:

• Tree survey
• Arboricultural impact assessment
• Tree retention/removal plan, detailing retained trees and their Root Protection Areas (RPAs)
• Any proposed level changes
• Hard and soft landscape design plans (replacement tree planting)

Reserves matters/planning conditions:

• Arboricultural method statement
• Details of all special engineering within the RPAs
• Details of utility apparatus and installation
• Schedule of works to retained trees
• Arboricultural site monitoring*
• Post construction remedial works

*The council, aside from making its own spot checks on development sites, will impose planning conditions to ensure that all proposed tree protection measures are implemented and maintained throughout each stage of development.

The council will apply the following principles to encourage replacement or new planting on development:

• Applicants should attempt to incorporate tree planting as part of their planning application for a development site
• Where trees must be removed to facilitate the development, suitable levels of replanting must be provided.
• Where proposed tree planting on a development site conflict with other trees, council policies, or where suitable levels of tree replacement planting locations cannot be secured on site, the council will seek funding for alternative tree planting in the locality.

Unauthorised works prosecution

The council may prosecute any tree owner who carries out or allows another to carry out on their behalf unauthorised works to a tree protected by a Tree Preservation Order or within a Conservation Area.

Unauthorised works include the removal or pruning of any part of the tree (including roots*) protected by a TPO without the approval of the Planning Authority, or within a conservation area where the Council has not been given prior formal notification.

Landowners should note that the root systems of protected trees are also subject to the protected status and consider this in the context of any intended re-landscaping, garden design, wall replacement or decking construction where that will involve any excavations or changes in levels within the Root Protection Area of a protected tree.