How do I find out about Tree Preservation Orders and Conservation Areas?
See 'Related Documents' on the right of the page for further information on Tree Preservation Orders and Conservation Areas, or contact the Arboriculture Team. See 'Related Contacts' on the right of the page.
Go Back to the list of questions
I am having problems with a tree in my neighbour’s garden, overhanging branches/blocking light, what can I do?
Civil law allows you to remove any overhanging branches that overhang your property back to the actual boundary line, ie projected up into the airspace over the line. This can technically be done without informing or gaining permission from the neighbour, but it is always much better to at least inform them. Technically the wood removed is owned by the owner of the tree. Therefore it should be offered or returned to that owner. If the tree is protected by any of the means listed in the first question then the appropriate pre-permission will need to be obtained from the local Council as there could be severe penalties for works without proper authorisation. You should take legal advice if you are unsure of you rights.
Alleged blocking of light to the house or garden is a separate situation and there are complex legal issues involved. Consequently if an amicable discussion or agreement between the parties does not resolve the problem then consult a solicitor.
Go back to the list of questions
I believe you can get the Council to make your neighbour cut down their overhigh hedges that cause me nuisance?
Please note that new legislation was introduced on the 1st June 2005. For further information or assistance please contact Enforcement, Development Control. See 'Related Contacts' on the right of the page.
Go Back to the list of questions
I have seen a fungus growing on the trunk of my tree. Will the tree be alright?
Many fungi are associated with trees and what you have seen is the fruiting body of the fungus which is likely to be decaying (breaking down and recycling) the wood of the tree.
The effect on the tree depends on the particular species of fungus, the species of tree and the location of the fungus in the tree. Many fungi are relatively harmless or even beneficial to the tree but some cause very serious harm to the structure of the wood that can make a tree potentially hazardous.
Go back to the list of questions
I think the tree(s) in my garden/neighbour’s garden, is causing subsidence/cracks to my house wall(s), what should I do?
You must engage a qualified structural surveyor to carry out a comprehensive survey to provide you with clear evidence and proposals for remediation. There are many other reasons that can cause damage to property other than trees, and an independent appraisal is vital if the end result leads to insurance claims and/or litigation.
Go Back to the list of questions
I want to cut down / prune a tree in my garden, do I need permission?
Yes, if the tree:
- Is covered by a Tree Preservation Order - permission from the Council - See 'Related Contacts' on the right of the page
- Is within a designated Conservation Area - permission from the Council - See 'Related Contacts' on the right of the page
- The property is rented - permission from the landlord
- Within a property which is part of a relatively new development (up to 5 years) and maybe covered by conditions on the original planning permission.
Go back to the list of questions
My TV reception is poor due to trees, will you cut them down?
No. Paying for a television licence only entitles you to possess and use a receiver. You have no legal right to an analogue or digital television signal or radio signal.
Works will not necessarily be carried out to clear a signal. We must also consider the tree's health and the amenities of our trees. However under exceptional circumstances some tree works may be considered to alleviate this problem.
Go Back to the list of questions
On a nearby building site, the builders are felling/pruning trees, is this permitted?
The development should have planning permission and the issue of trees, their retention, felling, pruning, and replacement, are part of the deliberation process. Planning permission overrides legal protection of trees. To check contact the Development Control Case Officer for that area.
Go back to the list of questions
There is a tree in our street with a broken branch/trunk or a branch which obstructs path/drive, can you help?
To report any problems with trees located on the highway, roadside verges or footpaths contact Solutions SK. See 'Related Contacts' on the right of the page. They are the contractors responsible for the management of all the Council's highway trees.
Go Back to the list of questions
Will the roots of my tree cause damage to my building or drains?
Damage to structures as a result of tree roots is not inevitable and is far less common than many people believe. If it does occur the consequences can be very serious.
Subsidence is a possibility only if the local soil is shrinkable (some clay soils shrink as they dry out).
Damage to buildings by the growth and expansion of roots is rare and only occurs if the tree is very close to the building (within one to two metres). Damage to lightly loaded structures such as paths, driveways and garden walls is more common.
It is very rare for trees to block up or cause damage to drains. Roots may occasionally block drains, but in order for the roots to gain access the drain must already be damaged.
Go back to the list of questions