Statutory Exemptions Under Regulation 14
Under Regulation 14 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012, formal planning consent is not required to carry out works on a protected tree if the tree is dead, or to the extent that works are urgently necessary to remove an immediate risk of serious harm.
However, the burden of legal proof rests entirely on the property owner and the tree surgeon. If you fell a tree claiming it was dangerous, but the council's arboricultural officer determines the hazard was minor or fabricated, you face criminal prosecution under Section 210.
| Tree Condition | Required Legal Action | Notice Period to Council | Permitted Work Scope |
|---|---|---|---|
| Dead Tree (No urgent danger) | Submit statutory 5-day written notification with photos | 5 working days before works commence | Fell tree or remove deadwood; replant replacement |
| Dangerous Branch (Imminent snap) | Notify council immediately; retain photographic evidence | 5 working days (or ASAP in emergency) | Prune only the specific fractured branch; do not fell tree |
| Imminent Catastrophic Collapse | Emergency work permitted to eliminate direct danger | Give notice as soon as practicable afterwards | Minimum works necessary to remove safety threat |
| Declining / Diseased (Not dead) | Standard formal planning application required | Full 8-week statutory planning cycle | No works permitted without formal written council approval |
The 5-Day Notice Procedure (Step-by-Step)
Step 1: Obtain a Qualified Arboricultural Report: Commission a LANTRA-accredited arboricultural consultant or certified tree surgeon to inspect the structural integrity and document disease (e.g. root rot, ganoderma fungus, or severe trunk cavities).
Step 2: Collect Time-Stamped Photographic Evidence: Capture clear, high-resolution photographs of fungal fruiting bodies, branch collar splits, structural ground heaving, or severe lean.
Step 3: Submit Written 5-Day Notice to the LPA: Email the council's planning/tree department detailing the property address, tree species, location plan, and photographic evidence.
Step 4: Await Council Response: The tree officer will either inspect the tree in person, issue written confirmation, or request you submit a full application if they dispute the assessment.
Always leave the felled timber or dead branches on site for at least two weeks following emergency works. This allows the council tree officer to inspect growth rings, decay levels, and verify the tree was genuinely dead or hazardous.
Mandatory Replacement Duty Following Removal
Even when a tree is lawfully felled under the dead or dangerous exemption, Section 206 of the Town and Country Planning Act 1990 mandates that the landowner must plant a replacement tree of suitable size and species at the same place as soon as practically possible.