Tree advice

Tree preservation orders (TPOs) give legal protection to trees. Under certain circumstances, the council can make a TPO to prevent a tree being pruned or felled. If a tree is protected by a TPO, normally consent would need to be granted by the council before carrying out any work. In a conservation area, all trees over a certain size are given protection and a tree owner or a tree surgeon working on their behalf must notify the council before carrying out any tree work.

You can check to see if a tree is protected by visiting our Protected trees webpage.

How can I protect a tree?
In order for a tree to be suitable for a TPO, the tree must meet certain criteria:

• The tree is, or is likely to become, important in the local landscape, or has evidence of strong cultural, historical, wildlife or rarity value.
• The tree is in reasonable health and condition and is not known to be causing damage to building.
• The tree does not cause excessive problems which unreasonably affect the quality of life for those living close to the tree.
• There is a risk of the tree being removed if a TPO is not made.

Find out about requesting a new TPO by visiting our Protected trees webpage. Any request must explain how each of the above criteria is met.

I need to prune or fell a protected tree
If you need to prune or remove a protected tree or a tree in a conservation area, then you may do so as long as one of the following applies:

• The tree is dead or is in an immediately dangerous condition.
• Where you are removing dead branches from a living tree.
• Where you are pruning in order to cultivate fruit.
• The work is necessary to implement an approved full planning permission.
• In a conservation area, where the trunk diameter does not exceed 75mm, measured at a point 1.5m up from ground level.
• The work is being carried at the request of a statutory undertaker, the Environment Agency, a drainage body or a local planning authority.

Unless it is an emergency, you must notify the council in writing before carrying out the work. You will be asked to provide evidence of the tree’s condition, so you are advised to use a professional tree surgeon and take photographs where possible. If you are unsure whether a tree is dangerous you should arrange to have it inspected by a professional tree surgeon or tree consultant. Please read the section below on tree ownership and responsibilities for more information.

If none of the exemptions apply, or if you are unsure, you will need to complete an application for tree works.There is currently no fee required for a tree works application and we will come to assess the tree before we issue a decision.

For TPOs, where consent is granted to remove a tree, we will normally add a condition to require a replacement tree of a similar species in the same location.

If a tree is not subject to a TPO and is not in a conservation area, then you would not be required to apply. However, there is other legislation to protect wildlife and you are advised to read the section below on trees and wildlife before proceeding.

What is the penalty for cutting down or damaging a tree?
The cutting down or causing the wilful damage or destruction of a protected tree is a criminal offence for which the maximum fine in a Magistrate’s Court is £20,000 for each offence. In a Crown Court the fine is unlimited. For other lesser offences the maximum fine is £2,500. The planting of replacement trees will normally be required in addition to any fine that may be imposed.

Contact us on 01256 844844 if you think someone has damaged or felled a protected tree. We can check whether they are carrying out permitted work. If we have no record of work taking place, and the trees are protected, we will investigate the unauthorised work.

Sometimes tree roots can cause damage to surrounding buildings and landscaping. As roots expand, they can push over small walls and lift hard standing. Sometimes tree roots can cause blockages in underground water pipes. Occasionally larger structures can be damaged by subsidence. This is a complex interaction between the soil, building, rainfall and vegetation that occurs on shrinkable clay soils. Damage can become progressively worse unless the tree is removed or work is carried out to stabilise the building

Tree root damage
As tree roots expand in diameter, they can cause paths to crack and push over small walls. Hard standing can be replaced with a more flexible surface such as shingle which allows for root expansion. Root pruning can allow for a surface to be re-laid or a wall to be rebuilt. However, as tree roots are necessary to support the weight of a tree, you should always ask a specialist before pruning them.

Occasionally tree roots can block underground water pipes. Normally, this happens in older pipes that have already become cracked, allowing for root ingress. When the pipe is repaired or replaced, it can be protected with special materials to prevent damage from reoccurring.

Subsidence damage
Trees lose water which is then replenished from the soil, via tree roots. If the tree takes more water from the soil than is replaced by rainfall the soil will gradually dry out. Sometimes a clay soil supporting all or part of a building dries out and consequently shrinks, resulting in part of a building moving downwards. Trees are not the only factors that can cause building movement. Other causes include leaking drains, settlement and substandard construction. If vegetation is involved there will be a cyclical pattern to the movement with cracks widening during the summer as the soil reduces in volume as it dries out and closing during winter as the soil increases in volume as it rehydrates. It is important that monitoring should be continued long enough to establish the nature of the building movement.

Neighbouring trees
If you have received a request from a neighbour to remove a tree that is causing damage to their property you should contact your own insurance company who will be able to advise you on the best course of action.

Council-owned tree
If you believe that a council-owned tree is causing damage to your property then you can request the tree to be pruned or removed.

In some cases, where it is not obvious that the tree has caused the damage, we would require technical evidence to demonstrate that on the balance of probabilities, the tree is responsible before we will carry out any work. Normally, the first step would be to speak to your insurance company who would handle a claim on your behalf.

Protected trees
If you are applying to remove a protected tree that is causing damage, we would require sufficient evidence to demonstrate that, on the balance of probabilities, the tree in question is an influencing cause. For subsidence related cases, you should speak to your insurance company who would normally make the application on your behalf.

Visit our protected trees webpage for more information.

If you have a tree growing on your land, then you are responsible for maintaining the tree and you must take reasonable care to ensure that it does not pose a threat to people or property. If you live close to a tree that is not on your land, then you have common law rights to prune back overhanging branches.

Managing your tree
If a tree is growing on your land then you may be liable if it causes damage to your neighbour’s property. There is no restriction to a height that a tree can grow and it is important to remember that just because a tree is tall doesn’t necessarily make it dangerous. It is advisable to occasionally have your tree inspected and the Arboricultural Association holds a list of independently approved tree consultants who would be able to do this on your behalf.

Neighbouring trees
If you are concerned about a tree growing adjacent to your land, then you should in the first instance raise your concerns with your neighbour. A tree owner is not obliged to prevent branches and roots from spreading across boundaries. However, you may prune these if they encroach into or over your garden as long as you note the following:

• Do not trespass onto the land on which the trees are growing.
• Do not cut back branches or roots beyond the boundary.
• Any branches, fruit or roots that are removed must be offered back to the tree owner.
• You should avoid damaging property or carrying out work that would leave the tree unsafe or dangerous. If you are unsure, you should obtain qualified arboricultural advice before proceeding.
• While not required under common law, it would be courteous to notify the tree owner beforehand.

High hedges and trees blocking light
There is legislation to prevent excessive shade cast by evergreen or semi-evergreen hedges. No maximum height is given and each case is assessed on its merits. Before making a complaint about a high hedge to the council, you need to be able to show that you have taken reasonable steps to resolve the situation yourself.

Currently there is no legislation that governs which deciduous trees can be planted in domestic gardens and how high they can be allowed to grow. More information can be found on our high hedges webpage.

Tree root damage
Tree roots can cause damage either directly, by root growth pushing up walls and driveways, or indirectly by causing foundations to move in a process known as subsidence. Please read the section on tree damage above for more information.

What if the tree is protected?
Regardless of ownership, if the tree is subject to a tree preservation order or is growing in a conservation area then an application may be required. Either the tree owner or a neighbour can make an application. Please read the section above on protected trees for more information.

If the tree is growing on council-owned land then you should contact us, by reporting a problem with a council-owned tree

Trees are particularly vulnerable to development and unless adequate protection is given to them during building work, they will suffer and can die. Their successful integration into new development depends on the selection of appropriate trees for retention, informed layout design and careful implementation.

If you are seeking planning permission, we will require you to demonstrate how you intend to protect trees. If trees do need to be removed, we will assess their importance in the landscape and planning permission will only be granted if their loss is deemed to be acceptable.

Before you apply for planning permission
If there are trees, large shrubs or hedges on or within falling distance of the site, we will require a tree survey to be carried out in accordance with the current British Standard 5837. This will provide the basic information we need to understand what trees there are on the site and how they might be affected by development.

Sometimes we require an arboricultural impact assessment to understand which trees are being removed and the likely impact on trees that are being retained. A scheme for tree protection may also be necessary to understand how retained trees can be protected during building work.

To avoid any delay in the application process, it is advisable to carry out the survey and prepare the necessary reports before applying for planning permission. It is possible that your planning permission will be refused if we do not receive this information.

Things to consider

• The value and condition of the trees and the impact of any tree loss required to build the development.
• The requirement for sight-lines and any further pruning or felling that would be required to achieve the required visibility on the highway.
• Whether the branches or roots are likely to be cut or damaged during construction and how significant this is to the tree.
• Whether retained trees can be protected during building work, including the construction of underground and overhead services.
• Whether trees are likely to be affected by landscaping work associated with the development, such as level changes and hard standing
• The design of appropriate building foundations where the site is affected by shrinkable clay soils to avoid future problems of tree related subsidence.
• The suitability of proposed new tree planting, its contribution to green infrastructure and how likely it is to survive.
• How well the proposed development sits with trees and whether they will need to be pruned or removed once a house is occupied.

Protecting trees during construction
In the event that planning consent is granted, if you haven’t already done so, we will normally ask you to prepare a tree protection plan. This will show the location of the trees that are being retained and will detail any tree surgery work that needs to be carried out.

Protective fencing will need to be erected to create exclusion zones around the trees so that their branches and roots are not accidently damaged during building work. Ground protection may also be required if tree roots are likely to spread beyond the position of the protective fencing.

The plan will need to demonstrate that there is sufficient working room to construct the development, without infringing on any exclusion zones around trees.

You will be required to confirm that all approved tree surgery and installation of tree protection is carried out prior to the commencement of development.

Further information is also available in the Landscape and Biodiversity Supplementary Planning Document, which can be found on our trees and development webpage.

Trees provide an important habitat for wildlife and it is important to be aware of protected species if you are planning to carry out work to trees.

You should make sure that there are no wild birds nesting in or bats roosting in or adjacent to the tree that you are proposing to work on. Emergency tree work can proceed, although measures should be taken to mitigate any harm that is caused.

Birds
The law protects all wild birds, their eggs and nests and these must not be harmed by tree work.

Natural England advises that the bird nesting season is from February until August, although it should be noted that sometimes birds can nest outside this period.

Wherever possible, you should not carry out any tree work between these dates. However, if this is unavoidable you will need to ensure that the tree you are working on does not have an active bird nest.

Bats
It is more difficult to determine whether there is a bat roost in a tree and you should ensure that your tree surgeon is aware of the signs to look out for.

Works to trees with potential for bats is best done from late August to early October when young bats are mobile, female bats are unlikely to be pregnant and the hibernation season has not yet begun.

If bats or signs of bats are found, no work should start and Natural England should be contacted for further advice. If work is already in progress, then it should stop immediately if it is safe to do so.

Dormice
Dormice are traditionally found in coppiced woodland, although they can also be found in hedgerows and other areas of scrub. It is illegal to harm dormice, including their breeding and resting sites.

Tree work in these areas should be planned carefully with mitigation and compensatory measures to prevent or offset any harm. Before carrying out work in potential dormice habitat, you should contact Natural England for further advice

Notifying of a breach
If you witness a suspected wildlife crime in action call 999 immediately and ask for the police. For all other enquires call your local police on 101.

Ash Dieback is caused by a fungus on ash trees which has spread from mainland Europe to most parts of the UK. We don’t know for sure what the full impact of the disease in the UK will be; however, it may have a huge impact on our present ash tree population.

There is a government ban on the import of ash plants into the UK and on the movement of ash plants, seeds and trees into and around the UK. The ban does not extend to the movement of ash timber or firewood except from sites where the disease has already been found.

Where infection of an ash tree is suspected or known, each situation will be judged on its individual merits taking into account the amount of dieback along with any other health and safety considerations. The precautionary felling of trees is not recommended at the moment and the disease does not mean that a protected tree can be removed without prior consent from the council.

Report suspected ash dieback to the Forestry Commission. We are actively monitoring council-owned trees for the disease; however, you can also let us know by completing our Report a tree problem form.

More information on ash dieback, including how to identify it, can be found at the woodland trust website.