Duty to Consult on Felling Street Trees

Duty to Consult

The Duty to Consult is a statutory requirement introduced under the Section 115 of the Environment Act 2021, which came into effect on 30th November 2023. It requires local authorities to consult with residents before felling street trees, ensuring that communities have the opportunity to share their views on proposed tree removals in their area.

This legislation promotes transparency and encourages public involvement in decisions affecting the local environment.

To meet this duty, St Helens Borough Council will:

• Attach a physical notice to each tree proposed for removal
• Launch a 28-day consultation period
• Maintain a public register of past consultation

The decision following consultation will remain valid for 2 years from the end of the consultation period. During this time, the authority may proceed with felling, provided a formal response to the consultation has been published at least 28 days prior to the works. After 2 years, a new consultation must be undertaken if the tree has not year been removed.

Earlestown Public Realm Improvement Scheme

To enable the delivery of the Earlestown Market Square and Public Realm Improvement project, 10 trees along Market Street (WA12 9BS) will need to be removed as part of the early-stage construction works.

This tree removal is necessary to facilitate the wider regeneration programme, including the setup of temporary market arrangements during the construction phase. However, the project is committed to enhancing green infrastructure: new tree planting will take place across the Market Square and surrounding public realm at a replacement ratio of approximately 3:1.

The regeneration plans also include extensive landscaping and the introduction of rainwater gardens, which will deliver significant net gains for biodiversity and contribute to a more sustainable urban environment.

As part of the final design for the Earlestown Public Realm Improvement Scheme, the removal of ten trees along Market Street is required: H_724, H_726, H_728, H_729, H_741, H_742, H_743, H_744, H_745, H_747.

Please note: Additional trees within the vicinity will also be removed, but either do not require consultation due to their size, or have already received planning permission under application P/2024/0114/RES.

The public realm improvements include the planting of several new trees along Market Street (between Bridge Street and Stanley Street), featuring a mix of native and non-native species. These will be positioned to enhance pedestrian and cyclist movement and improve the overall public realm. Example species include Sweet Gum (non-native) and Crabapple (native). 

The consultation period, which ran from 6 October to 3 November 2025, has now concluded. No comments were received during this time.
Following the consultation, it has been determined that the council will remove the 10 trees to facilitate the public realm improvements. A decision notice has been affixed to each tree for removal. These notices will remain in place for a minimum of 28 days prior to felling.

You can view the official tree site notice and learn more about the regeneration project via the links below:

Earlestown Levelling Up Fund - St Helens Borough Council

Duty to Consult - Map - Market Street, W12 9BS (PDF, 111 KB)

Duty to Consult - Tree Felling - Market Street, WA12 9BS (PDF, 143 KB)