Felling of Highway Trees

On 30 November 2023, Section 115 of the Environment Act 2021 became a statutory duty that all local authorities in England were required to implement. The duty requires local authorities to consult with local residents on the felling of street trees where no exemptions apply.

Exemptions are:

• the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),
• the authority considers that the street tree is dead,
• the authority considers that the street tree is required to be felled:
  • by virtue of an order under the Plant Health Act 1967, or
  • under any enactment on the basis that the tree is dangerous,
• the authority considers that the street tree is required to be felled in order to comply with:
  • a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or
  • a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or

• the felling of the street tree is required for the purpose of carrying out development authorised by:
  • planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or
  • outline planning permission granted under section 92 of that Act.

Active consultations are listed below. If you wish to comment on a proposal to fell a highways tree, please do so via the options below making clear the proposal that you are responding to.

Email trees@torbay.gov.uk

Post:

Trees
c/o Community Services
Town Hall
Torquay
TQ1 3DR

The results of the consultation will remain applicable for a period of 2 years following the end of the consultation period. Within the 2 years the local Highway Authority may fell the street tree or trees in question provided a response to the consultation has been published at least 28 days prior to the felling taking place. After 2 years the results of the consultation will expire and a new consultation must be undertaken if the local Highway Authority wishes to fell any street tree or trees previously consulted on.