Part 6: Nature and Biodiversity Section 115: Local highway authorities in England to consult before felling street trees New section 96A Duty of local highway authorities in England to consult before felling street trees
Subsection (1) requires local highway authorities to consult the public before felling any street trees. Defra has used the definition of highway authority as set out in section 1 of the Highways Act 1980. This includes the council of a county or metropolitan district, Transport for London as the highway authority for major roads in London, and the council of a London borough for other London roads. Roads managed by other highway authorities that are not local highway authorities – such as trunk roads managed by the Secretary of State through Highways England – are out of scope. Only trees on land legally adopted as a highway, and therefore in scope of local highway authorities powers/duties, are in scope.
	Local highway authorities must consult on all street trees they are considering felling, unless the tree is exempt. If appropriate, several street trees can be consulted on at once.
	Subsection (2) lays out the requirement for local highway authorities to consider any guidance released by the Secretary of State. The government intends to publish guidance to cover how this duty should be applied and the process that should be used.
	Subsection (3) sets out trees that are exempt from the consultation required in this duty. This means that any tree meeting the criteria as laid out in this subsection would not require a consultation before being felled. Further explanation of some of the exemptions have been provided below:
The tree size exemption used in paragraph (a) is consistent with the standard tree size definitions used by the British Tree Nursery sector.
The tree is required to be felled under the Plant Health Act 1967. Under this Act, statutory plant health notices can be issued that require the owner or manager to eradicate or contain notifiable pests and diseases. This can include felling a tree and failure to comply can result in enforcement action and prosecution.
The tree is required to be felled under any enactment on the basis that the tree is dangerous. This covers trees that need to be felled urgently because they present an immediate danger to life or property.
The tree is required to be felled in order to comply with section 20 or 29 of the Equality Act 2010 because the tree is causing an obstruction. This means that a tree can be felled where it is blocking, or otherwise making the pavement a danger for disabled people to use. This would result in the footway being unusable for people with a disability.
The tree is required to be felled as part of development authorised either by a granted planning permission or by an outlining planning permission as defined by the Town and Country Planning Act 1990. Specific sections of this are specified in the sections.
	"Street trees" are those situated on urban roads as defined under subsection (4).
Subsection (1)(a) references section 81 of the Road Traffic Regulation Act 1984, which specifies a general speed limit for restricted roads. It states that a restricted road is one where a speed limit of 30 miles per hour is in place.
Subsection (1)(b) references roads that would otherwise have a 30 miles per hour speed limit but have their speed limit increased to 40 miles per hour. These roads will also be in scope of the duty to consult.
Subsection (1)(c) brings into scope urban streets excluded by the above definitions, for example because the road, although urban, has a higher speed limit.