Duty to consult over highway tree removal proposals

Environment Act 2021: Section 115 Local highway authorities in England to consult before felling street trees 

• Under changes to the Environment Act on 1 December 2023, Local Highway Authorities are required to consult over proposals to remove specific highway trees with certain exemptions.
• Nottingham City Council will discharge this duty by fixing a notice to trees that are proposed to be felled, by opening a 28-day online consultation and retaining an online register of past consultations. 
• Following a consultation and decision, all respondents will be informed of the number of respondents and the outcome of the decision.
• The results of the consultation will remain applicable for a period of 2 years following the end of the consultation period. Within the 2 years following the consultation period the Local Highway Authority may fell the street tree, or trees, in question provided a response to the consultation has been published at least 28 days prior to the felling taking place. 
• After 2 years the results of the consultation will expire and a new consultation must be undertaken, if the local Highway Authority wishes to fell any street tree or trees previously consulted on.

The register of consultations