The duty to consult on the removal of street trees

Tree canopy

The duty to consult on the removal of street trees

The Duty to Consult gives people an opportunity to express their views on the proposed removal of street trees in their area.

All highway authorities have a legal duty under section 115 of the Environment Act 2021 and 96A of the Highways Act 1980, to consult with local individuals who may be affected by a tree or trees proposed for removal (felling). The Duty to Consult applies to trees in urban areas, often referred to as street trees, that are in scope of the legislation and are proposed for removal for non-exempt reasons.

The duty will ensure the decision-making process is more transparent and demonstrates that the views put forward by individuals are considered during this process.

For more information on the legislation and the councils duty to consults see the guidance from the Institue of Chartered Foresters.

S96A Public Notice - 124 Studley Road Redditch

Public notice duty to consult

Worcestershire County Council Highways Act 1980, Section 96a Consultation on proposal to Remove 1 Horse Chestnut Tree

Notice is hereby given that Worcestershire County Council are undertaking a consultation pursuant to Section 96A Highways Act 1980 to remove 1 horse chestnut tree located in the footway fronting number 124 Studley Road, Redditch, as detailed within.

Notice Date: 9 May 2025

Location: Grid ref: 405442.21, 266419.6

What3Words: push.crisis.actual

Reference: DTCS96A – Studley Road, Redditch

District or Division: Redditch Borough and Arrow Valley West

Reason

Sufficient evidence has been provided to demonstrate, on the balance of probabilities, that the horse chestnut tree is the substantial and effective cause of clay-shrinkage subsidence damage to the dwelling at number 124 Studley Road. From a geotechnical perspective, removing the tree will reduce the clay shrinkage under the damaged area of the property, negating the issue of tree root-induced subsidence.

Alternative Management Solutions

A significant reduction in the trees’ size has been considered. However, continuing damage could recur since this is not a guaranteed long-term solution. The tree would then require frequent, ongoing size reductions, which it might not respond to positively.

Replacement Proposal

Replacement tree planting will be explored at the location.  

Comment on this proposal

To provide comments on this proposal, please direct them in writing to Highways Green Team, Worcester Road, Newland, Malvern, Worcs WR14 1BE or by email to highwaysgreenenquiries@worcestershire.gov.uk using the reference above.

The consultation period will be open for a minimum of 28 days from the date of this Public Notice.

Once a decision has been made, a Decision Notice will be placed on the tree and uploaded to this page.
 

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