​Cutting Down Trees
What is the law against cutting trees?
The law against cutting trees in the UK is actually quite complex. The protection of timber has been an issue for centuries, and many laws have been passed to protect forests from being taken away by humans. It can be difficult to tell what is illegal and what is not, but we will go through some of the most important questions and parts of the tree legislation acts
If you're thinking about cutting down a tree, we have the answers to your questions. Whether it's safety precautions or preservation laws that are getting in the way of making decisions on what course is best for your property and trees, our guide has information available from expert sources so no one will reach for their chainsaw before they get all necessary facts correct beforehand.
Do I need permission to cut down a tree or remove branches on my property in the UK?
If you own your home, one does not need permission to cut down a tree that is solely in your garden, unless it has been designated as needing preservation through the Tree Preservation Order or Conservation Area. If you are renting a house and cutting down trees on the rented property grounds, then you must first obtain permission from your landlord before undertaking any work of felling. One can always ask neighbours for help with branches which overhang onto neighbouring gardens/property but they are still owned by the owner of the land where the trunk resides so it’s the owners responsibility if anything goes wrong, such as an unexpected direction in which branch falls upon neighbour’s garage, shed or outbuilding for example.
Tree Felling Licence
Where a tree must be felled outside of a private garden, you may need to obtain permission from the relevant government department. If this applies and the trees amount to 5 cubic metres in total volume, it is usually an offence without their consent first. Licences for thinning woodland will most likely come with certain conditions on replanting or maintaining them afterwards for a set timescale. For just thinning woodlands, this will not have a restocking condition attached to the licence. They will make enquiries to see if permission needs to be granted from your local authority. Also please consider the impact this could cause to the surrounding wildlife. Felling and removing trees while the breeding season is in full swing could be stressful for the birds and indeed other wildlife, so make sure that you take this into account and proceed during the winter months.
Is there a legal height for Neighbours trees?
Are you looking for some advice on what to do about the height of your neighbour's trees? There are a few things that you can do. The first thing is to talk with them about it. They may not even realise that they have high tree branches and be more than happy to take care of the problem. If they don't know, then ask them how tall their trees were when they bought the house or moved in. You could also check your local by-laws for information on legal height limits for trees, as this varies depending on where you live and local council rules and regulations.
What can I do if my Neighbours trees are too high and they are ignoring my complaints?
If you are unable to reach an agreement with your neighbours, then contact local authorities as they may be able to help. There is also a possibility that cutting down or trimming the trees might not solve the problem and in this case it would be advisable to consult with a qualified arborist for advice on how best to deal with high tree branches on neighbouring property. You can contact our local tree surgeons at Nottingham Tree Surgery and Arborist Service anytime for a FREE consultation and expert friendly advice for a way forward.
What do you do with dead ash trees?
A lifeless oak or ash can make for an eyesore on any property, so most people would want them removed quickly at all costs-including safety concerns such as unstable limbs. This means having professional tree surgeons handle this job from start to finish. Cutting down branch by branch (known as sectional dismantling) until removing the whole tree without damaging anyone or nearby property when they fall over during the disposal process (due largely to the tree's overall weight and size) The average residential homeowner or business will not have the the right equipment to safely remove these large ash and oak trees. Also if the trees to be felled are dead, they will be brittle with loose bark and could collapse at any time, adding to the danger. This is why they should always be removed by specialist tree surgeons and Arborists.
Is it illegal to cut down trees when birds are nesting?
The bird nesting season is an important time for birds to find a safe place to raise young. Nesting occurs March 1st through July 31 and during this time the surrounding vegetation such as trees and hedges should be left untouched in order not disturb these fragile environments. Although it may seem impractical, there are exceptions that allow work on trees and hedges if done with care so as not to harm any nests or eggs residing nearby. Always keep safety at the top of your mind when running projects near wildlife habitats. To ensure the safety of nesting birds, before any work is carried out in this season a thorough visual survey needs to be completed. In most cases it will have been determined that there are no nesting birds present or if they are then as long as what you're doing doesn't disrupt their nest near your worksite everything should go smoothly and without incident. It's not just about protecting them but also ensuring we protect ourselves by following these guidelines so everyone can coexist peacefully with minimal disturbance for both parties involved.The courts have been clear that the responsibility lies with both contractor and client to be aware of laws protecting nesting birds. For example, if you disturb a bird's nest they may go ahead and delay work until all nests are empty, but this rule is not limited to just certain species of birds, all wild birds, as well as any eggs found in an unoccupied nest, will be protected from disturbance under these rules. This means it becomes your duty also, so make sure before beginning construction on your property that there isn't anything laid by terns or swallows.
Cutting back my neighbours Trees that are encroaching my property?
If you have a neighbour who's tree is overhanging onto your property, cutting back the branches can be as easy as talking to them. If they're happy with it then all that needs doing is trimming away any leaves and debris on their side of the fence or hedge.
The law actually states that any tree branches cut off belong to the person whose land the tree first grew, so good practice id to ask your neighbour if they want them back, or if they don't mind if you go ahead and dispose of them during the process.
When you're trimming your hedge, don't just throw the trimmings back over the boundary. This could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back before throwing them away or leaving them by their garden gate for someone else to pick up later.
Also this applies to fruit on trees, even if the fruit on branches which is overhanging onto your property, still by law belongs to your neighbour. So You are indeed stealing if you pick the fruits for yourself without your good neighbours' permission.
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Tree Preservation Order Nottingham (TPO) And Trees in Conservation Areas
A Tree Preservation Order (TPO) is an order made by a local planning authority in the United Kingdom to protect particular trees, groups of trees, or woodlands from harm. It can apply to any tree that has amenity value, and once made, it will prevent any work being carried out on the trees without written consent from the local authority.
The purpose of the TPO is to ensure that there are no unauthorised changes to the protected area, for example in terms of development work or tree cutting. This means developers and tree surgeons and arborists must gain permission from the local authority before any work can take place in areas covered by the TPO.
Trees protected by TPOs are often of cultural, historical, or environmental value, and the protection afforded to them helps to ensure that these values remain for years to come. Having a TPO in an area can also mean certain restrictions when it comes to managing trees and vegetation, such as pruning and removal. If a tree is on the TPO list then any work done needs to be agreed upon with the local council authority before it can take place.
If you are unsure, it is best to check with the
local Nottingham City Council authority before any work is carried out. Failure to comply with a TPO can result in prosecution and significant fines. It is important to remember that while they provide added protection for trees, TPOs do not give ownership of the tree or land on which it is situated.
The local authority will be able to provide more detailed information about specific TPOs and their requirements. It is important for people to respect the trees in their area, as they have environmental, aesthetic, and economic benefits that may otherwise go unrecognised. Knowing what a TPO is and being aware of its purpose can help us all to better protect our trees.
Conservation areas and tree work
Nottingham is home to a number of conservation areas, such as the Lenton Conservation Area and the Wollaton Park Conservation Area. These areas are protected by special legislation and contain some of Nottingham’s most important historical monuments, parks, streetscapes, and open spaces.
The protection of these conservation areas means that any work affecting trees – including pruning, felling, or uprooting – requires the permission of Nottingham City Council. Even if the tree is in your garden or on private land, you will need to contact them before carrying out any work. All applications must include detailed information including measurements, photos, and plans of the site where the trees are located.
It is also important that anyone carrying out tree work in a conservation area is qualified and experienced. This includes having appropriate qualifications and public liability insurance, as well as being familiar with the relevant legislation.
The council has developed detailed guidance to help property owners understand the complexities of tree work in conservation areas. It outlines the various steps that must be taken before carrying out any work, such as completing a survey or gaining approval from Historic England/English Heritage. It also contains advice about local tree protection orders, listed building consents, and protected species surveys.
Ultimately, it is important to ensure that any tree work carried out in a Nottingham conservation area is done safely and appropriately. Following the correct procedures will ensure that these sites remain beautiful and protected for future generations to enjoy.
There are several types of tree work that can be requested in a conservation area. This includes: removing dead, dying, or hazardous material; reducing the height or spread of a tree; removing trees entirely; pruning branches to shape the crown; and planting new trees. Each type of work may require specific permission and must be approved by the local authority before it is carried out.
To ensure that any tree works undertaken in Nottingham's conservation areas comply with current regulations, there are certain steps that should be taken prior to commencement. A thorough survey of existing species should be conducted as well as an investigation into any protected species or habitats on site. It is also important to contact Historic England/English Heritage for potential listed building consents and to consult the local authority's tree preservation order (TPO) regime.
Once all relevant permissions have been granted by the local authority, it is important that any works are undertaken safely and in a manner that preserves the character of the Conservation Area. Pruning and running branches should be completed carefully, using appropriate equipment and techniques, so as not to damage or undermine the health of the trees. Great care should also be taken when removing trees from the area - wherever possible, replanting should be considered first.
In addition to pruning and removal work, new planting can help to introduce diversity into an area – leading to healthier trees with greater longevity for future generations to enjoy. Native species are recommended for planting in conservation areas; however, careful consideration should be given to the mix of species selected and their potential impact on existing ancient trees, historic buildings or other features that contribute to the character of the area.
By taking a considered approach and using arboricultural best practices, tree work can help conservation areas in Nottingham look their best whilst preserving much-loved features for future generations.
FAQ about a Tree Preservation Order
How do I know if my tree has a TPO?
The best way to know if your tree has a Tree Preservation Order (TPO) is to contact your local planning authority. Local authorities are responsible for issuing and enforcing TPOs, so they will be able to tell you if any of the trees on your property have been protected by law. You can usually find the contact information for your local planning authority on your city or town's website. Nottingham City Council have good information on all these topics.
Additionally, if you're unsure of the exact location of your tree, you can use an online mapping service to check nearby TPOs. If you see a TPO sign on or near your land, it is likely that your tree is protected by law and has a Tree Preservation Order (TPO) in place. In some cases, trees may be protected by other legislation or conservation designations – you should check with your local planning authority to find out if any of your trees are affected. If your tree is protected by a TPO, it is important that you follow all the rules and regulations associated with protecting that tree. This includes not cutting, pruning, or removing the tree without permission from your local planning authority. To obtain permission to make changes to a TPO tree you will need an arborist's report and approval from your local council. Remember, it is an offense to damage or destroy a protected tree, so it is important that you check whether your tree has a TPO before doing any work on it. If you are unsure whether your tree has a TPO, contact your local planning authority and they will be able to help.
It is important to remember that even if your tree doesn’t have a TPO, you should still follow the Tree Preservation Order Rules in order to protect it from damage or destruction. These rules include avoiding damaging the roots or trunk of your tree, maintaining it with appropriate pruning and fertilising, and removing dead branches in a safe manner. By following these rules you can ensure that your tree stays healthy.
Failing to follow Tree Preservation Order Rules could lead to serious consequences with severe penalties, so it is important to be aware of them and follow the guidelines set out. If you are unsure about any aspect of your tree’s TPO, you can contact your local authority for advice or assistance. Remember, protecting your tree is key to keeping it healthy and safe!
What is the fine for removing a TPO tree?
The fine for removing a TPO tree, or trees subject to Tree Preservation Orders (TPOs), is determined by the local authority that issued the order. This may range from £2,500 for minor offences up to £20,000 for serious offences, as well as being liable for prosecution and/or potentially having criminal records. Offences can also include non-compliance with the order or failure to obey instructions given by an authorised officer. In some instances, a Local Planning Authority (LPA) may order the replanting of removed trees. The English Heritage TPO Guidance states that “wherever possible, reinstatement should be carried out in line with the original design of the tree or group of trees”. The penalty for not complying with a TPO can be severe, so it is essential to seek professional advice before undertaking any work in relation to protected trees. Doing so will ensure that the trees are properly looked after and that you are fully aware of what the implications maybe if you do proceed with any tree work. In the UK, failure to comply with a TPO can result in an unlimited fine or even imprisonment of up to six months. Therefore, it is recommended that you consult a qualified tree care specialist before beginning any work on a protected tree.
Can I cut down a tree without a TPO?
In most cases, no. Unless a tree is dead or dangerous and poses an immediate risk to people or property, it's illegal to cut down a tree without a Tree Preservation Order (TPO) in place. A TPO is a legal document that protects trees and woodland from being damaged or destroyed by development activities. It also helps ensure trees are maintained and preserved for future generations. Before felling a tree, you must apply for a TPO from your local council authority who can then decide if the tree should be protected or not. Failing to obtain a TPO before cutting down a tree can result in serious fines and legal action. Therefore, it is important to always check with your local authority and obtain the relevant TPO before carrying out any tree-felling activities. Not only is it illegal to cut down a tree without a TPO, but it also presents a risk to life and property. Debris from fallen trees can cause serious accidents or damage buildings, cars, roads and other infrastructure. Therefore, you should always consult a professional tree surgeon and obtain the relevant TPO before carrying out any work on trees. Tree cutting without a TPO can also damage other nearby trees, so it is important to always be mindful of your surroundings and ensure that no damage is done to other vegetation in the area. This will help protect local wildlife and keep the environment healthy.
Can I get a TPO for my tree?
If you have a tree in your area that you think should be protected, you can apply for a TPO from your local council. It's important to note that the process of applying for and receiving a TPO can take several months. You should also consider consulting a tree expert or arborist to ensure that your tree is eligible for protection and that the TPO is appropriate for your specific situation. Once granted, a TPO will remain in place until it is revoked by the council or otherwise expires. The terms of the TPO may specify various restrictions on the activity that can be done around a protected tree, such as cutting branches, pruning roots, or removing it entirely. Violating these restrictions may result in fines or other penalties, so it's important to understand and follow the terms of the TPO. If you need advice or help with submitting your application for a TPO, there are many helpful organisations and resources available to assist you. Additionally, the local council should be able to provide guidance on submitting an application and answering any questions you may have about the process. Ultimately, it's important to make sure that your tree is eligible for protection and that a TPO is appropriate for your specific situation before proceeding with an application. Taking time to research and understand the legal requirements is key to ensuring a successful TPO application. If a TPO is approved for your tree, it means that you must get permission from your local council before undertaking any work or activities on or near the protected tree. This includes pruning, removal, planting new trees, and building work around the protected tree. A TPO can protect a single tree or an area of trees. It is important to be aware of any restrictions imposed on the activities that you can undertake in order to ensure compliance with the TPO and avoid any penalties. If in doubt, it is best to seek professional advice from your local council before making changes to the protected tree.
FAQ about trees in a conservation area
What size tree can I cut down in a conservation area?
Tree cutting and removal are not allowed in conservation areas, as they are designed to protect the environment and the wildlife that inhabit it. The size of a tree that can be cut down in a conservation area is determined by several factors, including the size and species of the tree, its age and health, and the conservation area's regulations. Generally, trees that are smaller than 25 feet in height may be eligible for removal or cutting, provided they do not pose a risk to the local environment. In some cases, larger trees may be considered for removal if they are deemed to be diseased or a danger to public safety. Additionally, any tree removal in conservation areas must be approved by the local government before cutting or removing is allowed. It is important to note that any tree removal in conservation areas is subject to local regulations, and it is the responsibility of the individual or business seeking to remove a tree to make sure that all necessary permits and permissions are in place before any work is undertaken. Additionally, it is important to consider the impact that cutting down trees may have on local wildlife and habitats, as well as any potential threats to public safety.
How do I know if my tree is in a conservation area?
If your tree is in a conservation area, it will be subject to certain restrictions and regulations. To determine if your tree is in a conservation area, you can check with your local planning authority or look for online for maps of designated areas. Additionally, you may be able to find out through surveys or aerial photographs taken by the local council. It is important to note that even if your tree is not in a conservation area, it may still be protected by Tree Preservation Orders and you should consult with the local authority before making any changes. Furthermore, some trees are also afforded protection under wildlife or habitat legislation, so it's important to check for this before proceeding with any work.
Once you know whether your tree is in a conservation area or not, you can then go ahead with any necessary work or take the appropriate steps to protect it. If your tree is protected by a Tree Preservation Order, you will need to apply for permission from the local authority before making any changes. The same applies if your tree is within a conservation area but only when certain criteria are met. In such cases, the local authority will be able to advise you on the most suitable course of action. With regard to wildlife or habitat legislation, it's important to check if any protected species live in or near the tree. If this is the case, then there may be certain restrictions that prevent you from carrying out certain types of work. Finally, you should always contact your local authority to ask for their advice and to check the relevant legislation before carrying out any work on a tree in a conservation area. By doing so, you can ensure that any changes you make are in line with regulations and don't risk damaging the environment or local wildlife.
Are trees automatically protected in a conservation area?
No, trees are not automatically protected in a conservation area. Conservation areas often have laws that regulate the cutting of trees within the boundaries of the area, but these laws vary by jurisdiction. In some cases, property owners may need to obtain permission from their local municipality before they can cut down trees. Different species of trees may be subject to different rules and regulations, so it is important to familiarise oneself with the relevant laws before carrying out any tree-cutting activities. Additionally, conservation areas may also have restrictions on how much vegetation can be removed from an area in order to limit potential damage to local ecosystems. Therefore, it is always important to consult with a local conservation agency or another knowledgeable expert before making any changes to the landscape in a conservation area. By taking the appropriate steps, citizens can help ensure that trees and other natural resources in conservation areas are properly protected for future generations.
Do I need permission to cut down a tree in my garden UK?
In the UK, you may need permission to cut down a tree in your garden depending on the size and type of tree. If the tree is covered by a Tree Preservation Order (TPO) or is located within a conservation area, then you will require written permission from your local council before any work can be carried out. Generally speaking, garden trees that are not protected by a Tree Preservation Order should be safe to prune or fell without the need for permission. It is recommended, however, that you check with your local council before carrying out any work as there may be other regulations in place that require you to obtain permission. If you do not have the necessary permissions when carrying out tree work, you could face a hefty fine and potential legal action. Furthermore, it is important to consider the environmental impact of removing trees, as they provide many benefits such as increasing biodiversity and providing a habitat for wildlife. If possible, it is best to seek alternatives to tree removal such as pruning or thinning instead. Ultimately, if you are in doubt as to whether you require permission when carrying out tree works in your garden, contact your local council for further advice.
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