Purpose

Summary: Duty to Consult on Street Tree Felling (Environment Act 2021, Section 115) Section 115 of the Environment Act 2021 - effective from 30 November 2023 - places a statutory
duty on local highway authorities in England to consult the public before felling street trees, unless the tree meets one of the exemptions listed in section 115(3).
The purpose of the duty is to:
• Increase transparency in street tree management
• Ensure residents can express views on proposed felling
• Strengthen local accountability in decision making

Decision

To accept a payment of £17,694.00 from DEFRA to support the Council in carrying out the legal duty placed on local authorities by Section 115 of the Environment Act 2021 to consult members
of the public before felling a tree on an urban road, unless the tree is exempt under Section
115(3) of the Act.

Alternative options considered

Option 1 – Preferred Option
Accept the payment of £17,694.00 from DEFRA for the 2025/26 financial year to provide support
for carrying out the legal duty placed on local authorities by section 115 of the Environment Act
2021 to consult members of the public before felling a tree on an urban road unless it is exempt under section 115 (3) of the Environment Act 2021.
Option 2
Choose not to accept the funding and absorb the cost as part of the council’s statutory obligations and accept the financial impact as part of its environmental responsibilities.
This is not the preferred option because the Street Scene service is operating under sustained financial pressure, with:
• Rising demand across statutory services
• Increasing costs of delivering core functions
• Limited flexibility within revenue budgets
Refusing the DEFRA funding would place avoidable financial pressure on the Street Scene
service and require reprioritisation within an already stretched service. Accepting the funding is
the most financially responsible and operationally robust option.