Tree protection

Permission is always needed to carry out work to a protected tree except when the following applies;

• When the tree is dead. In this case you are required to submit a written notification to us at least 5 working days prior to any works being undertaken, providing sufficient information for us to identify and locate the tree. Please submit photographs to trees@bromley.gov.uk
• You intend to remove dead branches from a living tree.
• To provide a minimum clearance over a public highway: 2.4metres over footpaths, 5.2m over roads.
• You intend to prune a tree cultivated for the production of fruit in accordance with good horticultural practice.
• If works are urgently necessary to remove an immediate risk of serious harm. In this case you required to submit a written notification to us as soon as practicable after the works become necessary. N.b. If a tree could reasonably be temporarily cordoned off such that it or the subject tree part would not cause serious harm in the event of failure, then the works are unlikely to be considered to meet the terms of this exception. If less extensive works are sufficient to remove the urgency and to reduce risk to an acceptable level in the short term, then more extensive works are unlikely to be considered to meet the terms of this exception unless otherwise agreed to by the local planning authority. If works are undertaken without prior approval from the local planning authority, those carrying out, instructing and permitting the works do so at their own risk.

In the event that the local planning authority are unsure that the works undertaken meet the terms of an exception they have authority to investigate. If evidence indicated that the works did not meet the terms of an exception and the local planning authority considered there had been a breach of Conservation Area or TPO regulations they reserve to the right to prosecute those who carried out, instructed and permitted the works. Therefore, you are advised to check with the tree team (trees@bromley.gov.uk) before carrying out exempt works.

Whenever works believed to be exempt are undertaken you are advised to gather and retain evidence before and after the works are undertaken, e.g. photos and an expert’s findings where appropriate. Prosecutions can result in fines from a Magistrates Court of up to £20,000 per offence and unlimited fines in Crown Court. If a tree is removed without consent a replacement must be planted unless we dispense with the requirement. If no planting is carried out, then we can enforce it.

Apply for permission

To make an application to prune or fell a protected tree, you need to complete a  tree work application form giving the following information:

• Sketch Plan - A sketch plan showing the location of all trees.
• Please submit photographs of each tree within your application
• For all trees clear identification of the trees concerned.
• A full and clear specification of the works to be carried out in accordance with the current industry standard
• For works to trees protected by a TPO you will need to state the reasons for the proposed works and provide evidence in support of the stated reasons in particular: if your reasons relate to the condition of the tree(s) - written evidence from an appropriate expert, if you are alleging subsidence damage - a report by an appropriate engineer or surveyor and one from an arboriculturist. In respect of other structural damage - written technical evidence will all need to be provided and attached with the application.

Please read the planning guidance notes before making your application.

Make an application to carry out work to protected trees

What happens if an application is refused

If an application to carry out work on a protected tree is refused, or you object to the conditions imposed by us, then you can appeal to the Secretary of State in writing within 28 days of receiving the decision.

Appeals are normally decided on the basis of written statements, followed by a site visit. Both you and the council have the right, instead, to a public local inquiry or hearing.  The Secretary of State may allow or dismiss the appeal, or vary the original decision.