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The Duty to Consult on the removal of street trees

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 and , 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 .

Decision Notice

Duty to Consult

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

A consultation has been completed by ´óÐãÊÓƵ County Council, pursuant to Section 96A Highways Act 1980, for the proposed removal of 1no. horse chestnut tree located in the footway fronting no.124 Studley Road, Redditch, as detailed within.

Notice Date: 29 September 2025

Reference: DTCS96A1 - Studley Road, Redditch

District/Division: Redditch Borough/Arrow Valley West

Decision

The proposal to remove a horse chestnut tree outside of no.124 for non-exempt reasons was discussed at a panel hearing on Tuesday, 23 September 2025. As part of the decision-making process, the panel considered the alternatives to tree removal. The outcome was that the tree would be removed, no sooner than 28 days from the date of this notice.

Reason

Alternatives to tree removal, such as substructure works, were discussed by the panel, but these were deemed disproportionate. A crown reduction would likely only provide short-term mitigation, and future damage would be a real possibility if the same crown management was not repeated. This was deemed impracticable. Tree removal was the only reasonably viable option.

Replacement Tree

A replacement tree will be explored at or near the location of the horse chestnut, subject to checks for underground services.

If you are unhappy with the outcome of the consultation, please express this via our complaints system using the following link:

Further details of the consultation can be found via the link below.

The Duty to Consult on the removal of street trees

S96A Public Notice - 124 Studley Road Redditch

Public notice Duty to Consult

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

Notice is hereby given that ´óÐãÊÓƵ 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: 30 June 2025

Location: Grid ref: 405442.21, 266419.6

What3Words: push.crisis.actual

Reference: DTCS96A1 – 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 tree's 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

This consultation is now closed for comments.

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