Tree removal proposals

Find out about the Duty to Consult on Highway Tree Removal Proposals Environment Act 2021 – Section 115

Duty to Consult on Highway Tree Removal Proposals Environment Act 2021 – Section 115

Duty on local highway authorities in England to consult before felling street trees

Section 115 of the Environment Act 2021 implemented new provisions into the Highways Act 1980 requiring local highway authorities in England to consult the public before felling certain street trees situated within or adjacent to the highway.

The legislation was introduced to improve transparency, accountability, and community engagement in relation to the management and removal of street trees. The duty applies to “street trees” located on urban roads and highways for which the local highway authority is responsible.

Under the legislation, local highway authorities must provide members of the public with notice of proposed tree removals and a reasonable opportunity to comment before a final decision is made, unless a statutory exemption applies.

North Lincolnshire Council’s approach

North Lincolnshire Council recognises the significant environmental, visual, social, ecological, and climate-related benefits that trees provide to local communities. The council is committed to managing its highway tree stock in accordance with current legislation, national guidance, arboricultural best practice, and sound risk management principles.

North Lincolnshire Council will discharge its statutory duty under Section 115 of the Environment Act 2021 and Sections 96A to 96C of the Highways Act 1980, North Lincolnshire Council will:

• Affix a site notice to any highway tree proposed for removal where consultation is legally required
• Publish details of the proposal on the council’s website
• Undertake a public consultation period of no less than 28 days
• Maintain a publicly accessible register of current and historic consultations
• Consider representations received during the consultation period before a final decision is made
• Publish the outcome of the consultation and decision-making process

The council will also publish the number of responses received and a summary of the decision reached following consultation.

Exemptions to the duty to consult

The legislation recognises that there are circumstances where immediate action may be necessary and therefore provides exemptions to the duty to consult. Consultation will not normally be required where a tree:

• Is dead
• Has become dangerous
• Presents an immediate and serious risk to public safety
• Is required to be removed in response to a legal obligation
• Is causing significant and actionable damage
• Is affected by certain pests or diseases requiring urgent management action
• Falls within other exemptions prescribed within the legislation

In such circumstances, North Lincolnshire Council may proceed with works without prior consultation to protect public safety, fulfil statutory obligations, or prevent further harm.

Consultation validity period

The outcome of a completed consultation will remain valid for a period of two years from the end of the consultation period. During this period, North Lincolnshire Council may proceed with the removal of the tree or trees consulted upon, provided that the decision and consultation outcome have been published at least 28 days prior to any works commencing.

Where no action has been taken within the two-year period, the consultation outcome will expire, and a new consultation process will be undertaken should removal still be proposed.

Register of consultations

In accordance with statutory requirements, North Lincolnshire Council will maintain an online register containing:

• Details of proposed highway tree removals subject to consultation
• Consultation start and end dates
• Supporting information and reasons for proposed removal
• Consultation outcomes and decisions
• Historic consultation records