Are my Trees protected? Trees may be protected in a number of ways. Within a Conservation Area, initial protection is afforded to all types of tree which have a stem diameter (measured at 1.5 m above the ground) greater than 7.5cm. Consent is not required from your Local Planning Authority (LPA), but 6 weeks written notification of intended works must be provided. Tree Preservation Orders (TPO's) provide a high level of protection for selected trees and woodlands or named types of trees within groups or given areas. Written consent is required from the LPA before carrying out any works and this normally takes around 8 weeks. Trees on development sites or near recently built houses, may be protected by virtue of conditions attached to Planning Permissions. These may require the consent of the LPA before carrying out works or perhaps, enforce the replacement of dead trees. Carrying out work to trees because they have become dead, dying or dangerous may not require permission - If you are concerned please give us a call. Will trees damage my property? Trees should be regarded as real assets to our homes and gardens. However, occasionally they can conflict with nearby structures. If a tree grows very close (typically within 1.5m) of a lightly loaded wall or structure then as it grows, the base of the stem or the large diameter roots very close to the trunk may exert pressure and cause it to yield/ lift. If a house is founded upon a shrinkable clay soil, then trees may cause or add to movement damage due to the soil drying out. Some trees require more moisture than others but all trees will require more moisture when they are fully grown with a large crown. Trees close to drains and sewers etc, may cause 'direct' damage if very close. At a greater distance it is common for tree roots to enter a pipe via an existing hole / gap and then to cause a blockage once the roots multiply. Where possible, clearing roots and inserting a flexible liner may solve the problem. This is mainly the case with old leaky drains, whilst modern plastic drains are seldom effected. Can I prune back a neighbours branches / roots? Generally common law provides a 'right' for a landowner to cut back trespassing branches or roots from a neighbour's tree. The individual scenario must be reviewed to ensure that this view of Common Law applies and it should be noted that action under this law brings with it conditions that must be adhered to. One regular problem is that the extent and positioning of pruning allowed under this 'right', frequently does not compare with modern tree pruning recommendations and if taken to the letter of the law, may result in a disfigured and possibly a dangerous tree. Acting in this way may not protect you should damage or loss occur. If your trees are protected (See: Are my trees protected), then the Consent of the Planning Authority (but not the tree owner) will be required. As you can see, this can be a complicated matter and it is important you receive professional advice relevant to your situation, better still, work hard to maintain good relations with you neighbours! What is a tree preservation order? A tree preservation order is made by the local planning authority which makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without permission from the planning authority. Tree preservation orders are used to protect trees that contribute to the appearance of an area. They are made if a tree is under threat of being cut down or damaged. What type of trees can be covered by an order? All trees regardless of species can be protected by a tree preservation order. The order can cover anything from a single tree to woodlands. Hedgerows trees can be protected, but NOT hedges, bushes or shrubs. My neighbours tree(s) encroach over my boundary, what can I do? Your common law rights allow you to remove any of your neighbours' branches that cross your boundary without the need to seek your neighbours' permission, although you may wish to notify your neighbour of your intentions. You should not cross the boundary or dispose of the branches or other material from the tree into your neighbours' property, but first ask if they wish to have the material returned to them. If they do not want it, it will be your responsibility to arrange disposal. If the tree is protected by a tree preservation order or is located within a conservation area you will need to seek permission before undertaking work to living parts of the tree. My tree is protected and has been damaged by strong winds. What should I do? You can carry out whatever work is needed to make the tree safe. The work must be the minimum needed and additional work will require an application of consent. You must inform us as soon as possible if you have carried out work to a damaged protected tree or if a protected tree has been blown over into your garden. You may be required to replace a protected tree that has been blown down or felled. If possible take a photograph of the storm damage or get a professional tree surgeon to make a written report, as it will be your responsibility to prove that the work carried out was essential to make the tree safe. What is a conservation area? A conservation area is an area of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance. Trees within conservation areas are given special protection because of the contribution they make to an area and unauthorised felling or lopping of trees carries the same penalties as trees protected by a tree preservation order. You will need to apply for consent to carry out works to a tree located in a conservation area. Who becomes responsible for looking after the trees once protected? The owner remains responsible for the trees but you must seek permission before carrying out work unless they are dead, dying, or dangerous. For appropriate help or advise on how the trees should be managed or on how best to carry out any work contact a qualified tree surgeon. What happens if I carry out work on a protected tree without permission? If you destroy or damage a tree you could be fined up to £20,000 if convicted in the magistrates court. For other offences you could be fined up to £2,500 If the tree was cut down or destroyed you will normally have to plant a replacement tree. Do I always need permission to work on a protected tree? Yes except for: • Cutting down trees in accordance with one of the Forestry Commission's grant schemes, or where the commission has granted a felling licence. You can cut down or cut back a tree under the following exemptions: • If the tree is dead, dying or dangerous. • In line with an obligation under an Act of Parliament. • At the request of certain organisations specified in the order. • If it is directly in the way of development that is about to start for which detailed planning permission has been granted. • In a commercial orchard, or pruning fruit trees in accordance with good horticultural practice. • To prevent or control a legal nuisance (you may find it helpful to check first with a solicitor). 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