Is Permission Required To Cut Down A Tree On My Property
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- 29-11-2022
Do I need permission to cut down a tree on my property? Arborescence Tree Care offer trusted tree surgery services throughout Northampton, Milton Keynes, Bedford. Find out what is the law against cutting trees. We also look at tree surveys and alternatives to felling.
What is the Law Against Cutting Trees?
Cutting down trees is really against the law in the United Kingdom - timber preservation has always been a concern, and numerous regulations have been enacted to discourage human logging.
Although distinguishing between what is legal and what is not may be difficult, this guide will make sure that no one will reach for their chainsaw without first verifying all necessary information, regardless of whether safety precautions or preservation laws are impeding your ability to decide what course of action is best for your property and trees.
Do you need Permission to Cut Trees Down?
If you own your home, you do not require permission to remove a tree from your garden unless the tree has been identified as needing protection under the Tree Preservation Order or a Conservation Area.
If you rent a house and want to cut down trees on the rental property's grounds, you must first get your landlord's approval; if something goes wrong, such as a limb falling in an unexpected direction and hitting a neighbour's garage, shed, or outbuilding, the owner of the land where the trunk is located is still liable.
When branches lean over into their gardens or other properties, neighbours can always ask for help.
Cutting Trees in a Conservation Area
In a conservancy, every tree is safeguarded. Make sure the tree(s) aren't already protected with a TPO first, if not, you must submit an application to the local authorities together with a Section 211 notice in order to trim or remove a tree. This will provide a six-week notice of anticipated works to the LPA.
This provides the local government time to think about a TPO for the tree or trees. Keep in mind that trees that are smaller than 7.5 cm in diameter at 1.5 metres above the ground are not protected. Bushes and shrubs are not protected either. Additionally, if a tree has a girth of 10 cm at 1.5 metres above ground, it may be removed as part of a thinning process to encourage the growth of other trees.
Although you are not required to offer six weeks' notice if a tree is dead or dangerous, you should nevertheless take pictures of the tree and get in touch with the local authorities to prevent any future issues. You can be compelled to swap out tree for one that appears similar if you don't have authorisation. Fruit trees may need to be pruned as part of the maturation process.
On the other hand, they cannot be taken away without permission if they are in a conservation area. Cutting down, uprooting, or deliberately destroying a tree that is covered by a TPO, is located in a conservation area, or is more than five cubic metres is illegal; anyone who violates the restrictions may be subject to fines of up to £20,000, prosecution for tree-felling without a permit, and service of a notice to restore any killed protected trees.
Uncapped penalties may be imposed for serious offences, so be sure to contact the Forestry Commission or your local planning authority if you believe a tree has been cut down unlawfully.
Felling a Tree in your Garden
If a tree belongs to you, is not located in a conservation area, or is not covered by a tree preservation order, you are free to remove it. Before renting out your house, you must obtain approval from your landlord.
Any danger or damage resulting from tree work or falling to a neighbour or their property, such as when a tree falls abruptly onto a shed, is your responsibility. The branches of a tree that dangle over your garden belong to you even if your neighbours cut them down.
Felling Licences
You might need to request permission from the appropriate government authority if a tree has to be cut down outside of the private property.
If this is the case and the volume of the trees totals 5 cubic metres, it is normally illegal to do so without first getting permission from the owners.
Licenses for woodland thinning will probably include requirements for replanting or maintaining the trees for a predetermined period of time.
A restocking requirement won't be part of the licence for simple woodland thinning, they will inquire to determine whether your local authorities need to issue approval - take into account how this can affect the local fauna; make sure you take this into consideration and proceed during the winter months to avoid stressing the birds and other wildlife by felling and removing trees while the mating season is in full swing.
You can apply for a TPO if you want to protect a tree that you think is in danger of being cut down - this is a written directive from the regional planning agency meant to safeguard particular trees or entire woodland tracts. By avoiding their intentional destruction or damage, the goal is to safeguard publically valuable trees.
After receiving a TPO, a tree cannot be pruned or felled without permission. If you believe that the tree is in imminent danger, you can request the application of an emergency TPO, which will halt all work while the council investigates the situation further. A tree will be protected and cannot be removed without permission if it is situated in a Conservation Area.
TPO treatments may also be applied to trees in conservation areas. In a conservation area, only tree work that involves cutting down, lopping, topping, or uprooting a tree with a diameter of less than 75 mm or less than 100 mm in order to encourage the growth of another tree is permitted without prior council approval.
Alternatives to Felling
Any tree removal should only be done as a last option since it will have an impact on both people and animals. However, we recognise that removal is occasionally essential when a tree is deemed to be endangering property or posing a risk to safety due to its position or condition.
However, it's still worthwhile to consider other choices, especially in cases when trees are an issue - pollarding and pruning, for instance, can lighten or reduce the impact of a tree without killing it, while also removing hazardous hanging branches.It is crucial to take into account how cutting down any tree may affect both people and animals; always use it as a last option.
Felling will typically be the best course of action if a tree is providing a threat to safety, maybe because it has storm damage, is unhealthy, or is growing in a dangerous area. However, it is always worthwhile to consider other options, especially in cases when trees are believed to be the true cause of problems - for instance, pruning or pollarding can safely remove risky limbs and lessen the impact of a tree without eliminating it.
Tree Surveys & Assessment for Planning
If you submit a planning application, the form will inquire as to whether any nearby or on-site trees could be harmed by the proposed construction.
The council will anticipate that your application will be supported by a tree survey if the response is affirmative, if this indicates that trees may be impacted, you will require an AIA (Arboricultural Impact Assessment).
In this extra survey, trees are identified together with their size, age, species, and quality. The trees are then rated according to standards outlined in British Standard 5837:2005.
Based on the tree's size and age, the report also specifies the needed root protection zones for them; the anticipated effects of the construction on the trees are then evaluated, and suggestions are made regarding which trees might fairly be cut down to make way for the building as well as appropriate safeguards for the ones that remain.
If you want assistance in safely removing a tree from your property or would like to book an evaluation or assessment, please contact our professional team of arborists today.
We offer tree felling, tree surveys and tree removal in Northampton, Milton Keynes and Bedford.
Are you looking for tree surgery in Northampton, Milton Keynes or Bedford? Get in touch with our experienced tree expert today to discus any of the tree services below.