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Below
are the most often asked questions from our customers.
Have a
look, the answer to your question may well be there:
What is a tree
preservation order?
What is the purpose of a
tree preservation order?
What type of trees can be
covered by an order?
My neighbours tree(s)
encroach over my boundary, what can I do?
My tree is protected and
has been damaged by strong winds. What should I do?
What is a conservation
area?
Who becomes responsible
for looking after the trees once protected?
What happens if I carry
out work on a protected tree without permission?
Do I always need
permission to work on a protected tree?
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 is the purpose of a tree
preservation order?
A tree preservation order
protects trees that make an impact on their local
surroundings. This is important when trees are in immediate
danger.
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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.
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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.
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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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