Tree management

Protected trees

For general advice on protected trees and to find out if a tree is protected, contact the customer services team on 01622 602000. If you require specialist advice, please contact the heritage, landscape and design team on:

Protected trees within conservation areas, tree preservation orders, hedges and general landscape advice, contact 01622 602340 or e-mail landscape@maidstone.gov.uk
Complaints about high hedges under part 8 of the Anti-social Behaviour Act 2003, contact 01622 602340 or highhedges@maidstone.gov.uk
Listed buildings, conservation areas and general conservation advice, contact 01622 602335 or email conservation@maidstone.gov.uk

If you think that works are taking place to protected trees without consent, please contact us immediately.

Conservation area trees

If you are unsure whether a tree is located within one of Maidstone's 41 designated conservation areas. You can download maps identifying the conservation area boundaries from the conservation areas page.

If you would like to carry out works to trees within a conservation area you will need to provide six weeks' notice to the council to allow us to assess the proposed work. This should be done by filling out one of the Council's application forms, details of which can be found on this page.

Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area without giving a section 211 notice (or otherwise in contravention of section 211, for example one of our application forms) is guilty of an offence. The same penalties as those for contravening a TPO apply. For example, anyone who cuts down a tree in a conservation area without giving a section 211 notice is liable, if convicted in the Magistrates' Court, to a fine of up to £20,000. Anyone who carries out work in a way that is not likely to destroy the tree is liable to a fine in the Magistrates' Court of up to £2,500.

Kent Free Trees Scheme

Kent Countryside Management Partnerships in association with Network Rail are currently delivering the Kent Free Trees Scheme which offers up to 25 trees completely free of charge to individuals and organisations in Kent. All of their trees are species native to the country. All you need to do is pick up the trees, plant them yourself and care for them as they grow. Find out more information and to download an application form

Tree preservation orders

Maidstone Borough currently has more than 800 tree preservation orders. To find out if a tree is protected by a tree preservation order (TPO), call 01622 602000. Copies of tree preservation orders can be obtained from the council at a fee of £15.

The status of trees within the borough is subject to change, therefore it is advisable to contact the council prior to carrying out works to trees.

If you would like to carry out works to trees protected by a tree preservation order you are required to apply for consent. This should be done by filling out one of the councils application forms, details of which can be found on this page. The council will then assess the proposed works and a decision will usually be issued within eight weeks of the application being registered by the council.

Anyone who, in contravention of a TPO cuts down, uproots or wilfully destroys a tree, or tops, lops or wilfully damages a tree in a way that is likely to destroy it is guilty of an offence. Anyone found guilty of this offence is liable, if convicted in the Magistrates' Court, to a fine of up to £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine.

Applying for works to protected trees and/or trees in a conservation area

Due to recent changes in tree preservation order regulations, the council is no longer able to accept applications to carry out tree works on the old application forms.

Therefore, if you wish to carry out works to protected trees, please download and fill out the new application form, using the new guidance notes. Alternatively, you may fill out an application form online using the online application guidance. See the useful documents at the bottom of this page.

Pre-application advice

£36.00 (£30 + VAT) If you are thinking of carrying out works to protected trees and you are unsure of what works to apply for, the council offers pre-application advice. An appointment can be made with the Landscape Officer who will visit the site and advise you of appropriate works.

For more information about Pre-application advice, please download our guide to pre-application advice.

How to get a tree protected

The council only protects trees that are under a threat where they provide a substantial amenity value. If you are aware of such a tree, contact the council providing as much information as you have available. The council will then assess the trees and determine if the trees are suitable for protection.

If you are the landowner, or an adjoining landowner to a property where a tree is located you will recieve written confirmation if/when a new tree preservation order is made.

For further information on protected trees, the Communities and Local government website has a number of downloadable documents available, including a leaflet named 'Protected trees: a guide to tree preservation procedures'. This leaflet will helps to explain many questions you may have in relation to trees protected by a tree preservation order.

Planning applications

The team also provides professional advice to Development control on tree and landscape issues in planning applications. Any enquiries related to pre-application advice on tree or landscaping matters in relation to proposed development should be directed to the Development control team in the first instance.

Proposals for developments with trees present either on or adjacent to the site are expected to be developed in accordance with the recommendations within BS5837(2005). Guidance on landscape proposals is available in the council's Landscape character assessment and landscape guidelines document.

Landscape character assessment and landscape guidelines

The Landscape character assessment and landscape guidelines published in 2000 are available to view online. The guidelines list suitable species for areas within the borough and gives general advice.

Planning conditions

In some instances, conditions may exist on planning permissions for the protection of trees. Details of any conditions can be found on the planning application decision notice. If you are unsure if such a condition applys to trees you wish to carry out works to, please contact the council directly.

Council owned trees

For information relating to council owned trees, please visit the tree management page, directing your enquiries to the Parks and Leisure team, using the contact details provided on this page.

High hedges

Part 8 of the Anti-social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges came into operation in England on 1 June 2005. For more information, please go to the High hedges page.

Hedgerow Regulations 1997

Under the Hedgerows Regulations 1997 it is against the law to remove or destroy certain hedgerows without permission from the local planning authority.

Local planning authority permission is required before removing hedges that are at least 20 metres (66 feet) in length, more than 30 years old and contain certain species of plant. The authority will assess the importance of the hedgerow using criteria set out in the regulations.

If you wish to remove a hedgerow covered by these regulations, you will need to fill in a Hedgerow Removal Notice form. See the useful documents at the bottom of this page.