Damage and personal injury claims
Contents
- Damage and personal injury claims
- Street tree removal
Street tree removal
Local councils in England must follow certain steps before removing a street tree. This is set out in the Environment Act 2021 (Section 115). The law aims to make decisions about street trees more open and involve local communities.
Where the rules apply
The duty to consult the public applies to street trees on urban roads.
An urban road is:
- not a trunk road or a classified road (like an A or B road)
- in a built-up area
- with a speed limit of 30mph or 40mph
The rules do not apply to:
- trunk roads (managed by National Highways)
- classified roads (A or B roads)
- roads with speed limits over 40mph
- rural roads outside towns or cities
Public consultation requirements
If the tree is not removed within 2 years of the consultation ending, a new consultation must take place before any further action.
Before removing a street tree, councils must:
- Gather and review clear evidence
- Consider other options, such as pruning or treatment
- Run a public consultation
- Publish a response to the consultation at least 28 days before any tree is removed
Statutory exemptions from public consultation
In some situations, councils can remove a street tree without asking the public first. These are called statutory exemptions. Councils must have clear evidence to show that one of these exemptions applies.
See main exemptions and the types of evidence usually needed below.
If the tree is clearly dead, the council must provide:
- a report from a qualified tree specialist
- photos showing no leaves or signs of decay
- tree health records
If the tree is dangerous or likely to become dangerous before the next planned inspection, the council must provide:
- a risk assessment from a qualified arborist
- reports showing structural problems (like root failure or fungal decay)
- emergency inspection records or incident reports
If the tree must be removed because of a legal notice under the Plant Health Act 1967, the council must provide:
- an official notice from the Animal and Plant Health Agency (APHA)
- letters or documents from DEFRA or other relevant bodies
If the tree needs to be removed to carry out a development that has planning permission, the council must provide:
- a copy of the planning permission
- site plans showing where the tree is in relation to the development
- an arboricultural impact assessment submitted with the planning application
If a utility company or statutory undertaker needs to remove the tree urgently, the council must provide:
- a notice from the utility company or statutory undertaker
- a description of the emergency and why the tree must be removed
- a timeline and details of the emergency works
This also includes situations where the tree is causing an obstruction and the council has a legal duty to act under the Equality Act 2010.
If the tree is very small, the council must provide:
- a photo or video showing the tree being measured at 1.3 metres above the ground (also called “breast height”)
- a clear view of the measuring tool showing the diameter is 8cm or less
- a timestamped image or video
- GPS coordinates or a clear location description
- a statement from a qualified arborist or council officer confirming the measurement
Consultation process
To carry out a public consultation for removing a street tree, local highway authorities must follow these steps:
- Notice on the tree: A physical notice must be placed on or near the tree proposed for removal. It should be clearly visible to the public and remain in place for the entire consultation period.
- Online publication: The same notice must be published on the local authorities website. It should include the location and reason for proposed removal, any supporting evidence, the consultation period, and how the public can submit comments.
- Minimum consultation period: Must be at least 28 calendar days from the date the notice is published. During this time, the public can submit objections, support or suggestions.
- Consideration of responses: The authority must review all feedback and consider it before making a final decision. They should document how the feedback influenced the outcome.
- Publication of decision: After the consultation, the final decision and the reasons must be published online. This includes whether the tree will be removed or retained and why.
How the decision is made
The council looks at public comments, expert reports, and whether there are other ways to fix the problem without removing the tree. It also considers costs and practical issues.
Simple cases are decided by council officers, like a Tree Officer or Highways Manager. More complex ones go to a committee, such as the Planning or Environment Committee.
Every decision must be explained and recorded. If it goes against what most people said, the council must give clear reasons. If someone thinks the process was unfair, they can challenge it, including through the Local Government Ombudsman.
Council process
Before taking down a street tree, the council must collect the right information to explain why it is needed.
This includes:
- a report from a tree expert showing the tree’s type, age, condition, and any damage or disease
- proof of where the tree is, such as the address, GPS, photos, and a map
If the reason is subsidence, the council must also include:
- a report from a structural engineer
- soil test results
- proof that the tree roots are causing damage
- any letters from insurers
The council must also show it has looked at other options, like pruning or changing the tree’s surroundings. If these will not work, it must explain why.
It must also include:
- a copy of the public notice
- a summary of public feedback and how it was used in the decision
- a note if the tree is protected or in a conservation area
What the claimant needs to provide
Sometimes a resident or their insurer asks the council to remove a tree. They must provide strong evidence to support the request.
They need to show that the tree is linked to damage, such as subsidence.
This includes:
- a report from a structural engineer
- soil test results showing clay soil and moisture loss
- proof that the tree’s roots are causing the damage
They must also send a report from a tree specialist.
This should include:
- the tree’s size, species and water use
- whether pruning or other actions could fix the problem without removing the tree
If they have been monitoring the damage over time (for example, using crack meters), they should include this information. They should also share any letters or reports from their insurer.
They must show they have looked at other ways to solve the problem, not just removing the tree.
These could include:
- pruning the roots
- installing root barriers
- reducing the tree’s canopy
- changing the planting area
- repairing the damaged structure
Example of a public notice
Template for a public notice to be used when consulting on the proposed removal of a street tree should include the information on the document below:
Important information
Subsidence is not a valid exemption. Even if a tree is linked to subsidence damage, the council must still consult the public unless another exemption applies (like the tree being dead or dangerous). DEFRA encourages councils to look at other options first, such as pruning or installing root barriers.
Complaints
If you are unhappy with the decision, you can use the council’s complaints process. The council does not have to delay the tree removal while they look at your complaint.
If you still feel the council acted unfairly, you can contact the Local Government and Social Care Ombudsman. This service is free and independent.
Last updated 10 June 2025