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Tree preservation

Applying for works to protected trees

Owners of protected trees are not prevented from carrying our necessary works to their tree once it is protected.  Even removal is possible where it is warranted.

To obtain consent for works to a protected tree, the law requires a written application to be submitted to us detailing the exact works to be carried out. For this, a measurable description of works is required.

You can apply online via I-Apply or through the Planning Portal. Alternatively, application forms can be downloaded here and either email it to us or sent by post to Maldon District Council, Princes Road, Maldon, CM9 5DL. There is no fee for this service.

A planning officer will assess your application after consultation with the Tree Officer.  All points you have raised will be taken into consideration, so include as much information as possible, including a site location plan. After a statutory consultation period, a decision notice will be issued which will either:

  • allow the works
  • allow some of the works
  • limit the works
  • allow the works subject to conditions such as replanting, or the time of year the works may be carried out or
  • refuse the works you have requested consent for

We will normally make a decision within 8 weeks from the date your application is accepted.


If the decision is to refuse your application, there is a right of appeal, details of which will be provided in the decision notice.


Sometimes you do not need to obtain written consent for works to protected trees. Exemptions include dead, dying or dangerous trees.  If your tree surgeon has discovered that your tree or part of it is dead, dying or dangerous, you or the tree surgeon should contact us to discuss it and a visit will be made to assess the situation if required.  You should give at least 5 days written notice before carrying out any works.  This is in your interest as you could be prosecuted if we think you have carried out unauthorised works.

Should a protected tree die and be removed, there is a duty on the owner to replant.  This is likely to be a condition of any consent for the felling of a protected tree.