Section 115(3)

The duty under subsection (1) does not apply in a case where— the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level), the authority considers that the street tree is dead, the authority considers that the street tree is required to be felled— by virtue of an order under the Plant Health Act 1967, or under any enactment on the basis that the tree is dangerous, the authority considers that the street tree is required to be felled in order to comply with— a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or the felling of the street tree is required for the purpose of carrying out development authorised by— planning permission granted under section 70, 73, 76D, 77 or 79 of the Town and Country Planning Act 1990, or outline planning permission granted under section 92 of that Act.

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Source: legislation.gov.uk · retrieved 2026-07-30