Legislation

• Wildlife and Countryside Act 1981
• Countryside and Rights of Way (CROW) Act 2000
• The Natural Environment & Rural Communities (NERC) (Act 2006 (which imposes a statutory duty on all Local Authorities to conserve bio diversity)
• Town and Country Planning Act 1990 (as amended)
• Conservation of Habitats and Species Regulations 2010 (known as the 2010 Habitats Regulations)
• The Protection of Badgers Act 1982

Planning Guidance

• The National Planning Policy Framework
• Planning for Biodiversity and Geological Conservation: A Guide to Good Practice
• Circular 06/2055

When are survey's required?

• Look for features or habitats such as – ponds, lakes, rivers, streams, woodland, hedgerows, veteran trees, grassland, allotments, ‘brownfield sites' - especially when adjacent to or linked to other semi-natural habitat

• Bat surveys are usually required when a development includes demolition and significant modifications or conversions, especially of roofs and roof voids

• Check with Worcestershire Biological Record Centre for existing records of protected species

• Check with a Planning Officer / Natural Heritage Officer

• Must be submitted with the application (not left as a condition) and must contain enough information to allow a full assessment of the potential impact of the planning proposal on protected species

• Must be up-to-date (i.e. normally no more than 12 months old) and carried out by a suitably qualified ecologist

• Be carried out at the appropriate time of year/day (hibernation/activity patterns) and under the right conditions (temperature, visibility, weather conditions)

• Include relevant mitigation and enhancement measures – also to be shown clearly as part of the design of the planning submission where appropriate

pdf View the Local Requirements list to find out if a survey is required (31 KB)

Demonstrate consideration and compliance with the 3 derogation tests, where appropriate

The three derogation tests as set out in Regulation 53 of the Conservation of Habitats and Species Regulations 2010 are as, in essence, follows:

1. Is the development needed for

• Public health and safety or
• Other imperative reasons of overriding public interest incl. those of a social or economic nature or
• Preventing serious damage to property?

2. Are there any satisfactory alternatives (resulting in no or at least less risk of harm)?

3. Is there adequate compensation provided to maintain the favourable conservation status of the population of the species?

Please note: The European Protected Species regime applies whether related to a planning application or not!

Listed below of where you can access further information:

• Natural England
• Protected Site Species
• Worcestershire Biological Records Centre
• Worcestershire Bat Group
• Worcestershire Wildlife Trust
• pdf Planning and Wildlife SPD 2008 (415 KB)

For further information contact:

Customer Service Advisor 01386 565565
Susanne Hiscock
Natural Heritage Officer
E-mail:  This email address is being protected from spambots. You need JavaScript enabled to view it.

A Tree Preservation Order is a Direction made by a Local Planning Authority that makes it an offence to fell, prune, uproot, wilfully damage or destroy a tree without the Authority's permission.  

There are over 450 Tree Preservation Orders in Wychavon protecting trees which contribute to the amenity of the area.

Proposals for development in the vicinity of trees covered by Tree Preservation Orders will be assessed to ensure that there are no/minimal adverse impacts on the trees and their wider setting.  

Planning applications will be determined against policies in:

• The Communities and Local Government document -  pdf A guide to tree preservation procedures (91 KB)
• The Adopted Wychavon District Local Plan, in particular policy ENV8
• The Worcester Structure Plan, in particular policy CTC.5
• The West Midlands Regional Spatial Strategy

Why are Tree Preservation Orders made?

A TPO is made so that a tree(s) can not be removed or pruned without Wychavon District Council's permission. In this way the local tree population can be retained and managed for the benefit of everyone. If a tree is in a healthy and safe condition and offers good public visual amenity, for example it is clearly visible from a public highway and footpath then it can be protected by a TPO. This does not only apply to single trees but also to woodlands, groups and areas of trees.

Work to Protected Trees

If a tree(s) is the subject of a TPO you will need to make a formal application in writing to the Wychavon District Council for consent to carry out work. The necessary forms are below. They can be posted to you and also downloaded from this website.

Do I need permission to remove a dead or dangerous tree?

The simple answer is no. If a tree or any part of is in a dead or dangerous condition then it is exempt from the TPO and Conservation Area legislation. However it is useful if you provide the Wychavon District Council with 5 days notice prior to any work so that we may deal with any calls that are often generated when a protected tree is felled. To prevent or abate an actionable nuisance (note: this is a legal definition of nuisance) is also exempt. To prevent confusion and avoid possible prosecution it is always advisable to consult with the Arboricultural Officer or take legal advice.

Conservation Areas regulations

The Conservation Area legislation requires you to give 6 weeks notice to the Wychavon District Council before you carry out any tree work. The exemptions are trees that are dead/dangerous or trees that have a diameter of 75mm or less at 1.5m height. The 6 week notice period gives Wychavon District Council time to assess if the tree is worthy of TPO status. 

Advice on tree planting and maintenance

For general tree advice, contact the Arboricultural Officer.  We also have a selection of leaflets on tree planting, pruning etc that are free to the public. Other organisations that supply expert arboricultural advice are the Arboricultural Association.

• The Arboricultural Officer can also inspect trees situated on the public highway and footpath. This is carried out on behalf of the County Council who are the Highway Authority.

Advice on choosing a competent tree contractor

Tree or arboricultural work can be dangerous and should only be undertaken by trained professionals (Tree surgeons or arborist). Badly done tree pruning can ruin the appearance and health and safety of a tree. Before you employ a tree contractor you should check the following information. Any reputable contractor will be happy to supply these details:

• Copies of the relevant public liability insurance. The contractor should have a
  minimum of £2 million cover.
• Certificates of competence in chainsaw and other machinery use, tree climbing
  and aerial rescue.
• site specific risk assessment for the site.
• Ask if they work to British tree work standards. The correct answer is BS3998.
• Ensure you have a written quotation detailing all works and costs. It is often prudent to get a least 2 quotes to compare prices.

Generally it is best to avoid contractors who go ‘door knocking' or leave leaflets saying they will call back later. Contractors who use terms such as ‘topping and lopping' are best avoided. These are dated tree pruning practices that are no longer used by modern arborist/tree surgeons.

Search for Tree Preservation Orders and Conservation Areas

• To view Tree Works applications and notifications, use the Search for a planning application page.
• If you want a copy of a Tree Preservation Order – you can contact us with the address of the Order. A nominal photocopying charge may apply.
• To see if a Tree Preservation Order/s and Conservation Areas is on a property you are interested in, search using My Local Area (the search will open within a 100m radius).

My Local Area

• If you require a copy of a Tree Preservation Order/s, please email the address, reference number as shown on "Locate" to: This email address is being protected from spambots. You need JavaScript enabled to view it. or alternatively telephone Planning Services 01386 565565.

Making an application for Tree Works

If you want to place a Tree Preservation Order on a tree, you should write in setting out the reasons and any details that you have on the species or size of the tree, and send a plan showing the location of the tree. We have eight weeks in which to make a decision. There is no charge for this service.

• Complete the pdf Tree Works application form (786 KB)  

Use the  pdf Tree Works Guidance Notes (183 KB)  and pdf Validation Checklist (45 KB)  to help complete the application form.

Please note: whilst the reason for tree works is not mandatory under the regulations, we would encourage applicants to include such details in order for the Council to make a considered decision. Unfortunately, not knowing can create more work for the officer.

Further information

The Heritage Team provides advice on and deals with all applications/ notifications related to protected trees. Where a development proposal involves trees the following may be required to accompany a planning application:

• A tree survey which plots trees and their canopy spreads
• A condition survey which assesses the condition of trees and makes proposals for their future management
• A tree constraints plan which calculates root protection areas for trees to be retained
• An arboricultural methods statement and tree protection plan which details necessary tree works and tree protection during construction

All of the above should be in accordance with British Standard number 5837:2005.

Call a Customer Service Advisor on 01386 565565

Nick McGowan
Tree and Landscape Officer
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Useful links

• Directory of Tree Surgeons
• The Land Registry – provide information on land ownership.
• The Forestry Commission provide information on Felling Licences that may be required to fell trees outside gardens, churchyards or public open spaces.

Wychavon District Council is reviewing the Harvington conservation area; designated in the 1969  this is the first review in over 40 years.

As part of the review, the Council will be seeking public comment on the draft Character Appraisal and Management Plan for the Harvington conservation area.

Conservation area designation remains an important planning tool, helping to control new developments and influence their design in areas where they might affect historic places.

A new boundary is proposed.  This will extend the conservation area to cover additional land considered to contribute to the historic character of the village, as well as rationalising some areas which have changed over the years.

The consultation will run from 1^st June until 13^th July 2015.  Residents are invited to attend a public meeting on 1^st June 2015 at 6.30pm  at  Harvington village hall, where the Council's Heritage Manager and Conservation Officer will present the review and answer questions.

Alternatively, hand written comments can be sent to Jim  Burgin, Planning Services, Wychavon District Council, Civic Centre, Queen Elizabeth Drive, Pershore, Worcs, WR10 1PT.

Harvington Conservation Area Appraisal

We are reviewing the Inkberrow conservation area to ensure it continues to protect this important location.

Inkberrow was first designated a conservation area in 1969, so this will be its first review in over 40 years.

As part of the review a new boundary is being proposed. This will extend the conservation area to cover additional land considered to contribute to the historic character of the village, as well as rationalising some areas which have changed over the years.

We are inviting people to comment on these changes, the details of which can be found in the draft Character Appraisal and Management Plan for the Inkberrow conservation area.

The consultation will run from 30 June until 4 August 2015.  Residents are invited to attend a public meeting on 30 June 2015 at 6.30pm at Inkberrow Church Hall, where our Heritage Manager and Conservation Officer will present the review and answer questions.

Conservation area designation remains an important planning tool, helping to control new developments and influence their design in areas where they might affect historic places.

Inkberrow Conservation Area Appraisal