Trees make a major contribution to the quality of the local environment but they also need careful management to avoid problems from nuisance or failure.

Increasing public concerns about environmental and sustainability issues are focussing our attention on the importance of trees in our towns and countryside.

Link to Benefits of trees

What are my legal rights in relation to nuisance from trees?

Avoiding Negligence

All Owners of trees have a duty in law known as a duty of care to take reasonable care to avoid acts or omissions that can be reasonably foreseen to prevent harm.  This includes harm to neighbours, visitors or passers by.

In relation to trees this means that the householders/ landowner should check their trees for obvious safety problems regularly and have them professionally inspected from time to time.  Any defects required to make the trees safe should be dealt with quickly.  In addition, it would be prudent to check trees after severe storms.

Trees on Boundaries

Common law has established complex rules relating to trees on boundaries:-

Key rules are:

• A neighbour is entitled to sensitively remove overhanging branches or roots which overhang their boundary providing in doing so this does not damage the trees health or compromise its stability (see note below).  We advise that neighbours should discuss their proposal with the tree owner before taking this action.
• A neighbour may be entitled to seek damages from the tree owner if a tree is causing immediate damage, such as knocking tiles off the roof.
• Where a tree is poisonous the owner must ensure that it does not overhang a boundary where toxic tree parts can be eaten.

Note:  Professional arboricultural advice should be sought first - Where trees are protected by a Tree Preservation Order or within a Conservation Area it is necessary to obtain the consent from the Council before pruning.

Roots

The interaction between tree roots, the soil, buildings and structures is complex.  It does not necessarily follow that trees will damage buildings just because of their close proximity.

If you think your property is being damaged by your neighbour’s tree/s you should involve your insurer at an early stage.

Do I need permission to prune or fell a tree in my garden?

If the tree is covered by a Tree Preservation Order you will need permission from the Council before you prune or fell it.

If the tree is in a conservation area you will need to notify us who may prevent you from carrying out the work.

Find out if a tree is covered by a tree preservation order or is in a conservation area.

Note: in some circumstances, particularly where an area has been redeveloped, a tree may not be plotted accurately in relation to current boundaries.  You should therefore review the information for neighbouring plots when seeking to confirm whether a tree is subject to a preservation order.  Species descriptions in the schedules can also vary depending on the removal and replanting history of the tree.

How do I request consent to prune or fell a tree that is subject to a tree preservation order?

You need to complete the attached form and send it to us.  There is no fee for tree work applications.

Since the preservation order was applied in response to the special character of the tree we will be anxious to retain it if it is practical to do so.  We will visit the site and discuss your proposals.

We will normally aim to issue a decision within 8 weeks.

How do I request consent to prune or fell a tree in a conservation area that is not subject to a tree preservation order?

You need to notify us of your intention to carry out the work by completing the attached form and sending it to us.  We will then aim to appraise you request taking into account good arboricultural practice, your reasons for the proposal and the effect it will have on landscape amenity.

If you do not hear form us within 6 weeks you may proceed with the works.

What do I do if my tree is very dangerous?

We would advise that you contact a qualified tree surgeon to assess the level of danger and if necessary carry out the work immediately.  If the tree is protected then we ask that you telephone us on 01372 732000 once the tree has been inspected, to inform us you intend to undertake dangerous tree works.  We will then either verbally agree with your action in the case of imminently dangerous trees or ask you for 5 days written notice.

My protected tree has been uprooted do I need to inform the Council.

Yes.  The Council will need to amend the Tree Preservation Order records for the property and the Council may require a replacement tree to be planted.

What do I do if my tree has fallen onto the Highway

Please notify us immediately on 01372 732000.  The Highway Authority has a duty to keep the highway clear.  You may quickly arrange for the tree to be cleared yourself by a competent tree surgeon able to work on the highway.  However, we will be looking to minimise disruption caused to highway users as quickly as possible.  We will probably send contractors to clear the obstruction and stack the debris back on your land.

If the tree was deemed to be obviously hazardous i.e. dead, we may recharge the clearance and administration costs to the tree owner.

I am concerned about the deteriorating condition of my neighbours tree/s what can I do.

You should inform your neighbour of your concerns.  If there is time, you should write to your neighbour pointing out what you believe the safety concerns are and ask them to rectify within a reasonable period.

We can become involved with dangerous trees on private property, but we would normally require evidence that neighbours had tried to resolve the matter themselves first.

Tree Pruning

Trees as living organisms that can easily be damaged by poor quality pruning.  The reason to prune trees should be to produce strong healthy and attractive plants.  Occasionally it may be necessary to carefully reduce trees which may have out grown their space.

Competent tree surgeons in this country are trained to work to a British Standard for Tree Work. BS 3998.

Pruning Dos and Don’ts

Don’t - top trees.  Topping is particularly injurious to trees, in the long term it will make trees more hazardous.  Topping encourages storm damage, it increases pest and disease problems and is detrimental to the visual appearance of the landscape.

Don’t - make large pruning cuts.  The larger the branch removed the longer it will take for the wound to heel and the greater the risk that wood rooting decay will spread into the tree.

Don’t - leave stubs – Stubs can act as a reservoir for decay pathogens and pests.

Don’t - reduce or over thin trees with thin bark or poor tolerance to this work.

Do - Consult and appoint a professional tree surgeon to advise and undertake the appropriate pruning treatment.

Do - make sure pruning cuts are made in the correct target pruning position.

Do – Formative prune young trees to encourage better form and structure.

Do – Remove dead and broken branches that compromise safety.

Do – Carry out sensitive crown reduction, crown thinning or crown lifting as an alternative to reduction.

Do - prune at the right time of the year.

NB Veteran or aged trees may require more dramatic pruning or phased pollarding under specialist advice.

Further advice on tree work operations can be obtained by clicking here.

Tree Care - Consumer Information website

Arboricultural Association website

Appointing a tree work contractor

Pruning trees is a highly skilled operation.  Although it can be costly appointing a competent and well trained tree surgeon it is money well spent on the investment of your trees.

There are a lot of unskilled contractors reputing to be tree surgeons or arborists who could leave you with damage trees, damaged property and the debris fly tipped in your local park.

Please carefully check the credentials of the tree surgeons you are considering.

Ask to see a copy of their Public Liability Insurance – Check that this covers at least £2 million pounds worth of liability and includes tree surgery operations over 6m height.

Check the qualifications of the tree surgeons – These should include Certificates from the National Proficiency Training Council - CS3 Tree climbing and Aerial Rescue and CS 39 Operate Chainsaw from rope and harness as well as felling and chainsaw maintenance competencies.

The Arboricultural Association and International Society of Arboriculture maintain nationwide lists of approved tree work contractors.  Contractors have to be continually assessed and meet the standards of these organisations to be registered.

The Arboricultural Association
International Society of Arboriculture

Where can I get more information about trees online?

Arboricultural Association
Tree Advice Trust
International Society of Arboriculture
Ancient Tree Forum
Forestry Commission
Department for Environment Food and Rural affairs
Office of the Deputy Prime Minister
Royal Forestry Society
National Proficiency Training Council
The Tree Council
Tree Register of the British Isles
Arboricultural Information Exchange
UK Tree Care Mailing List
Click Forestry
Society of Municipal Arborists