Duty To Consult: Before felling street trees
Background
The duty to consult on felling street trees (“Duty to Consult") was introduced to ensure local people can express their views over the proposed management of street trees in their area.
The duty ensures the decision-making process is more transparent and considers the views of local people.
There are occasions when street trees may need to be felled. In these occasions, the local highway authority may need to obtain a felling licence before felling.
Street trees may also be subject to additional statutory controls such as Tree Preservation Orders, where these remain valid and on the public register held by a local planning authority. However, many street trees are not in scope of these other regulations which is why the Duty to Consult was introduced.
The legislation
Section 96A of the Highways Act 1980 (as amended by subsection 115 of the Environment Act 2021) requires local highway authorities in England to consult members of the public before felling street trees.
The duty only applies to certain street trees within ‘urban roads’ (which typically include unclassified roads with speed restrictions of 40mph or less). In general, a consultation is not required for the felling of a street tree that:
- has a stem diameter of less than 8cm diameter when measured at 1.3 metres above ground level
- is necessary by virtue of an order under the Plant Health Act 1967 (a statutory Plant Health Notice issued by the Forestry Commission)
- is considered dead by a competent arboriculturist
- is necessary to comply with sections 20 and 29 of the Equality Act 2010
- is required to carry out development whereby planning permission, or outline planning permission, has been granted under the Town and Country Planning Act (1990).
Full details of the Highways Act 1980 are available on the GOV.UK website.
Nottinghamshire County Council will regard any guidance provided by the Secretary of State for local highway authorities in relation to this duty.
Consultations
A register of active and closed consultations will be made available below. It will include consultation notices and the decision response to the consultation.
The notice will contain the relevant information on how to share your views on any consultation, stating the dates during which the consultation is active (which will be a minimum of 28 days). Consultation notices will also be fixed to the tree(s) under consultation.
We will consider all responses received before the consultation closing date, and will produce a decision report which will be published below and adjacent to the tree(s) as appropriate.
The results of a consultation will remain applicable for 2 years from the end of the consultation period. During this time the Local Highway Authority may fell the street tree(s) in question, as long as the consultation has been published at least 28 days prior to the felling taking place.
Active and closed consultations
| Reference | Status | Site location | Notice or decision response | Decision |
| 7 Nov/Rush | Open | Mabel Grove, Cyril Road, Radcliffe Road (North Side) | Radcliffe Road, West Bridgford | Pending |
| 7 Nov/Ged | Open | South side of Victoria Road, near the junction of the Colwick Loop Road. | Victoria Road, Netherfield | Pending |
