Streetscene 

Trees on highway verges, street trees, trees in parks, play areas and formal open spaces. The A55 and A494 are trunk roads maintained by the North & Mid Wales Trunk Road Agency and enquiries about trees on their land should be made directly to the agency. 

Email. streetscene@flintshire.gov.uk     Tel. 01352 701234      

Countryside Service

Countryside Service sites (e.g. Wepre Park, Llwyni, Buckley Common, Carmel Wood and Penymaes Wood) except for Greenfield Valley.

Email.  countryside@flintshire.gov.uk       Tel. 01352 703900

Greenfield Valley 

Email. info@greenfieldvalley.com  Tel. 01352714172

Schools

Please refer directly to head teacher or school secretary.  My Local School 

In the event of an out of hours emergency please contact Streetscene.

Housing

Trees in the gardens of council properties or open spaces on council estates.

Email. estate.management@flintshire.gov.uk    Tel. 01352 701500    

Tree Team 

Email. trees@flintshire.gov.uk    Tel. 01352 703890    

Other land

Flintshire County Council does not keep records of land in other ownerships. If you have a query about a tree on land not maintained by the council you will need to make your own enquiries to find out who owns it.

The Land Registry can provide information about who owns registered property and land in Wales. A fee is payable to make a search.

Sustainability is at the core of the Welsh Government’s policies and the sustainable management of urban trees and woodlands must be an overarching objective of the council.

As a major landowner, the council receives many requests and complaints regarding trees and it is important that they are dealt with consistently and proportionately. Unless there are exceptional overriding reasons, trees managed by the council’s arboriculturists will not be cut back or felled, at the expense of the council, as a result of the following:-

•             Allegedly too tall

•             Shade (unless oppressive)

•             Loss of a view

•             Dropping aphid honeydew/sap

•             Dropping leaves or other seasonal debris

•             Interfering with TV reception

•             Affecting the efficient working of solar panels

•             Touching overhead telecommunication wires

•             Overhanging branches

This policy is in accordance with the Common Law rights that exist between a tree owner and a person making a complaint.

A neighbour intending to exercise a Common Law right to cut off overhanging branches growing from trees on council land is advised to contact the council beforehandto discuss the proposed work. 

The council is committed to the effective identification, evaluation and management of the risks associated with the failure of trees and uses Tree Risk Assessment methods to ensure that trees are inspected and managed to reflect the level of risk that they pose. 

This approach ensures that the council uses its resources effectively, with large trees adjacent to major trunk roads being inspected on an annual basis, whilst other trees are not subject to tree risk inspections because they would not cause damage or harm even if they suffered major failure.

The Local Planning Authority (LPA) is the part of the council which determines applications for development and other planning related matters, including the administration of policies and legislation relating to the protection of trees.

The Welsh Government has produced a guide which answers some of the most common questions about tree preservation procedures.

Protected Trees: A Guide to Tree Preservation Procedures

Tree Preservation Orders

Flintshire Country Council administers approximately 380 Tree Preservation Orders (TPO). One TPO may protect a single tree or numerous trees depending on the designation used. There are four designations which can identify trees Individually, as Groups, Areas or Woodlands.

Unless exempt a TPO prohibits the cutting down, uprooting, topping, lopping, wilful damage or destruction of a tree without the LPA’s consent.  It is usually the case that trees within the built environment are under the greatest risk of being felled and therefore the majority of TPOs are made in urban areas.

Under Sections 197 to 201 of the Town and Country Planning Act 1990 the council acting in its capacity as the Local Planning Authority (LPA) has the power to make Tree Preservation Orders (TPOs) where it is expedient to do so in the interests of amenity.

Amenity Assessment and Expediency 

Assessing the amenity afforded by a tree is subjective and consequently LPAs are encouraged to exercise judgement when deciding whether or not a tree merits protection. TPOs should only be made where the removal of a tree would have a significant negative impact on the local environment and its enjoyment by the public.

Factors influencing the degree of amenity afforded by a tree will include its visibility and context within the landscape, as well as the tree’s size and form, its age and condition. Other factors affecting the amenity afforded by a tree may include, its rarity, historical or cultural value and importance for nature conservation.  

As well assessing amenity LPAs should also consider whether it is expedient to make a TPO. For example, where trees are under good arboricultural or silvicultural management a TPO is unlikely to be necessary. Furthermore, trees which are not considered to be at risk of being felled or otherwise destroyed will not usually merit a TPO unless they are exceptional specimens.

The Urban Tree and Woodland Plan has been adopted by the Flintshire County Council and promotes the sustainable management of trees across all council departments as part of a target to increase urban canopy cover to 18% by 2033. For the above reason it should not normally be necessary for trees growing on land owned or maintained by Flintshire County Council to be made subject to a TPO.

Section 197 of the Town and Country Planning Act 1990 places a duty on LPAs (rather than a just a  power) to make TPOs as it considers may be necessary in connection with granting of planning permission. The duty is unsurprising as trees on land proposed for development will normally be at greater risk of being felled, damaged or destroyed than those elsewhere.  For the above reason the assessment and, where appropriate, the protection of trees on sites proposed for development will take priority.

Requests for Tree Preservation Orders

If you who would like to propose that a tree (also groups of trees and woodlands) be made subject to a TPO you can email or write to the Tree Team. You should clearly state the reasons why you consider the tree merits protection by a TPO and provide a plan or detailed description that identifies the tree. A photograph of the tree from a public viewpoint can assist with assessing amenity. Trees that do not afford a significant degree of public amenity are unlikely to merit protection.  

When evaluating whether or not a tree merits protection by a TPO the LPA will adhere to the above guidance. The LPA cannot accede to TPO requests that are frivolous or vexatious as this would lead to inconsistent decisions.

You can check if a tree is already protected by a TPO or within designated conservation area on council’s tree web pages here:-

Conservation Areas

Flintshire has 32 Conservation Areas which mainly cover historic town centres or villages.As well as providing controls that further restrict development in Conservation Areas also afford protection to trees. Subject to certain exemptions it is a criminal offence to cut down, lop or top, uproot, wilfully damage or destroy a tree without six weeks’ prior notification to the LPA in writing. The six week notification period gives the LPA the opportunity to make a TPO where it is considered necessary to safeguard the amenity afforded to an area by a tree. Where a TPO is made it has the effect of stopping the work described in the notification from proceeding.  

Interactive mapping search for TPOs and Conservation Areas 

As Tree Preservation Orders and Conservation Areas afford protection to trees in the interests of public amenity the council will, in accordance with best practice, normally publicise tree works that include felling. When determining TPO applications and Conservation Area notifications the LPA will take into account the relevant national guidance and the council’s own planning policies.There is no fee to make an application for consent to carry out tree works to a tree subject of a TPO or to make a notification to carry out works to a tree inside a Conservation Area.

Apply on line at the Planning Portal Wales or Download form and guidance notes

Planning conditions

Planning conditions are conditions attached to a planning consent and control or prescribe aspects of the development to be carried out in accordance with the LPA’s requirements. In accordance with Government guidance the LPA will not normally rely on planning conditions to secure the long term protection of trees that merit protection by TPOs. The LPA will enforce the short term protection of trees through extant planning conditions and therefore a person intending to carry out works to a tree on a development that has been completed in the past five years should contact the Council’s Forestry Officer beforehand.

Email. stuart.body@flintshire.gov.uk   Tel. 01352 703264

Guidance for the Completion of Protected tree Works Application to Flintshire County Council

Other Controls

Under the Forestry Act 1967 (As amended) the volume of growing timber which can be felled in each calendar quarter without a Felling Licence is restricted. The controls are administered by Natural Resources Wales. 

Certain land is also designated by Natural Resources Wales because of its natural or cultural importance (e.g. Site of Special Scientific Interest, Special Area of Conservation) and proposed forestry operations which could affect these sites may require assessment by this body.

In addition when carrying out tree works reasonable steps must be undertaken to check for protected species (e.g. Birds, bats, badgers).

Conservation Areas

The boundaries of Conservation Areas are shown in blue. The name of each Conservation Area is contained in the pop up window obtained by clicking within the blue polygon. 

Tree Preservation Orders (TPOs)

These are shown as green circles (individual Trees) or shaded polygons (Groups of Trees, Areas and Woodlands). The interactive map should be used as a tool for undertaking an initial TPO search. 

Further details are provided in the pop up window obtained by clicking on the TPO feature. The pop up window includes the TPO reference, TPO name and feature number (i.e. T1, G2, A3 or W4 from the list in the First Schedule of the TPO).   

Copies of TPOs can be viewed and downloaded by clicking on the link found in the pop up window. Each TPO includes a plan showing the positions of the trees protected by that TPO with the numbers referring to the list in the First Schedule. The downloadable TPOs are scanned PDF documents which can be displayed on your screen and printed out at different dimensions. As a result you should not scale from the plan.

In the event there is a discrepancy between the TPO (i.e. Plan or First Schedule) and interactive map, the TPO should be regarded as definitive for legal purposes.

A printed and certified copy of a Tree Preservation Order can be obtained by emailing ppadmin@flintshire.gov.uk or by phone (01352 703440) and paying a £25 fee. In your email please include the name and number of the TPO you are requesting and a contact telephone number for card payments.

Highway

Acting in its capacity as the Highways Authority the council can, by formal notice, require the owner of a tree (or vegetation of any description) to lop or cut it back where it endangers or obstructs the highway.  

Reports of allegedly dangerous trees adjacent to the highway should be made to Streetscene and will be assessed using a Tree Risk Assessment method to determine what, if any, remedial action is necessary. In default of a formal notice the council, or contractors acting on the council’s behalf may enter the land and carry out the works specified in the notice.

Streetscene or Email. streetscene@flintshire.gov.uk   Tel. 01352 701234 

Local Government (Miscellaneous Provisions) Act 1976

The Act gives the council power to deal with trees on land which are a danger to an owner or occupier of adjoining land. 

Reports of allegedaly dangerous trees should be made in writing to the council and where appropriate include photographs of the tree and arboricultural report.  The council's arboriculturists will use a tree risk assessment method to determine the degree of danger and whether the council's powers should be used.

Email. trees@flintshire.gov.uk    Tel. 01352 703890