Nature is important to us here at Tree Tops, we do everything we can to work with nature for nature. 

The bird nesting season according to Natural England begins on March 1st and runs through to July 31st. This however is a guideline and it can be assumed that birds will nest both before and after this time period.

 

It is advised that any work carried out to trees, hedges or vegetation should not be implemented during this season. However in some instances this is neither practical nor possible. As contractors it is our responsibility to ensure that work to trees and vegetation carried out within this period avoids any impact on nesting birds. This would be an infringement of the Wildlife and Countryside Act 1981 and in breach of The European Habitats Directive 1992/Nesting Birds Directive.

 

Before any work is carried out within this season a thorough visual survey needs to be carried out to ensure there are no nesting birds present or that the intended work will not disturb any birds nesting near to the work site. During this season it should be assumed that nesting birds will be present and therefore it is the duty of the client and contractor to prove otherwise.

 

Although the majority of the responsibility lies with the contractor it is important that as a client you are sympathetic to the laws behind disturbing nesting birds. This may result in work being postponed until all nesting birds have gone. It is also a common misconception that certain bird species are not protected under these laws. In fact all wild bird species are protected, as are any eggs and it is an offence to remove them from an unoccupied nest.

Trees provide a wide range of habitats for many species, some of which are legally protected such as bats, nesting birds, badgers and dormice. It is your responsibility to ensure that you do not contravene this legislation.

 

Further information can be found here:

 

• AA Guidance Note 1 Trees and Bats

• Bat Conservation Trust - www.bats.org.uk

• Forestry Commission - www.forestry.gov.uk

• A competent arboricultural consultant

TPO’s are administered and enforced by the Local Planning Authorities (LPA’s). These include Borough and District councils and also National Park Authorities. They are created to protect trees that are deemed to have significant amenity value within the local area. The protection order prevents any work being carried out without written consent from the authorities and makes it a criminal offence to do so. They are often created by the LPA when a tree is under threat from development or unnecessary removal or remedial work.

 

Any species of tree can be subject to a TPO although hedges, bushes and shrubs are exempt. A TPO can be placed on an individual tree or in the form of a blanket TPO which can cover groups of trees, areas of trees and woodlands. It is a common misconception that certain species (for example the oak) are automatically protected. However no species of tree are by definition, subject to a TPO.

 

Anyone who carries out or permits work including ‘cutting down, lopping, topping, uprooting, wilful damage, wilful destruction’ of a tree or group of trees protected by a TPO can find themselves with a fine of up to £20,000 if convicted at the Magistrates Court or an unlimited fine if convicted at the Crown Court.

 

If you wish to carry out any work to a tree which you know or suspect to be protected by a TPO, a written application needs to be made to your relevant LPA.

Conservation areas include the buildings and infrastructure within an area that is deemed to have notable historical, aesthetic and amenity value. They are often in areas where there are buildings of heritage and age, although new build properties can also lie within a conservation area.

 

Any tree within a conservation area that has a stem diameter of 7.5cm at a height of 1.5m will require written notice to the LPA if work is intended to be carried out. It is a common misconception that trees that have been planted by yourself, or trees that have previously been worked on without permission do not require written notice. This is certainly not the case.