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 streets trees within ‘urban roads’ (which typically includes unclassified roads with speed restrictions of 30mph 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 in order 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 GOV.UK.
West Sussex Highways 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 as to how to provide representation to any consultation made and will state the dates in 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 representations received whilst the consultation is active and will produce a decision report that will be published below and affixed to the tree(s) as appropriate.
The results of a consultation will remain applicable for two years following the end of the consultation period, in which time the Local Highway Authority may fell the street tree(s) in question, provided a response to the consultation has been published at least 28 days prior to the felling taking place.