Nuisance from trees

It’s not always the case that trees enhance the exterior of a property. Some tall trees, for example leylandii, can block views and throw shade over an otherwise sunny garden. Trees that grow quickly and spread a lot can prevent other plants from growing. Lawns tend to be mossy and bare under tree canopies.  Some trees, such as bamboo, require regular pruning which means more maintenance.

Legal search & Tree Preservation Orders

Don’t assume you can buy a property and then remove any trees or large, overhanging branches. Some trees are legally protected which means you need the council’s consent to fell or prune them.  Tree Preservation Orders (TPOs) are issued by councils to protect specific trees from deliberate damage, such as felling, lopping and uprooting. If the tree is in a neighbouring property, any work may also require the consent of the owner.

The TPO means the council considers the tree to be of value and wants it shielded from any damage. Slow-growing species, like oaks, take between 80 to 100 years to mature, for example. But any type of tree, including fruit trees, can be protected by a TPO. Trees are assessed on a range of criteria, including, visibility from a public place, contribution to the landscape, historic and habitat value.

For house buyers, a solicitor’s local search should identify if there are any TPOs affecting the property.  Alternatively, contact your local planning authority’s arboricultural officer who can inform you if a tree is protected.

What if a tree is protected by order?

A protected tree can’t be removed without a valid reason, such as being diseased, decaying or dead. A tree is not necessarily considered dangerous due to its close proximity to a house, height or spread.

Anyone wanting to carry out work on trees protected by a TPO must first apply to the local planning authority for its permission. This includes all work, even routine pruning. You can submit your application, free of charge, on the national Planning Portal website. https://www.planningportal.co.uk/info/200126/applications/60/consent_types/13

Each application will be considered on its merits. It’s advisable to get independent advice from a tree surgeon to support your application. Doing work without LPA consent carries a hefty fine of £2,500, rising to £20,000 if the protected tree is destroyed.

Trees in a conservation area are also protected under Section 211 of the Town and Country Planning Act 1990. Homeowners in a conservation area should notify the local planning authority, using a ‘section 211 notice’, six weeks before carrying out tree works. The work can only go-ahead with the council’s consent.

The protected tree is dropping leaves, needles and cones. Can it be pruned?

Fallen leaves, twigs, needles, cones and pollen are natural consequences of living with trees – and not considered sufficient justification for pruning or felling by local planning authorities. However, it may still be possible to thin protected trees. Get advice from a tree surgeon.

If any type of bird is nesting in a tree then it is legally protected, so long as the nest is in use. Avoid tree work during nesting season between March and the end of July.

Will tree roots cause subsidence to my property?

It’s generally a good idea for would-be buyers to obtain a full structural survey of their potential new home. While most trees happily co-exist with buildings, in certain cases subsidence and structural damage can be linked to tree roots. Other potential problems include blocked drains, lifted paving and cracked drives. Tree damage to buildings can vary with soil type. Shrinkable clay soils are most at risk, according to the Royal Horticultural Society. 

If you are concerned, it may be worth commissioning an expert tree survey or arboricultural survey. A tree consultant will give you professional advice on the health and safety of a tree, on the potential impact on any existing or proposed building or any other issue, including TPOs and planning regulations. If a proposed extension risks damaging a tree’s root system, it may be refused planning permission – whether the tree is protected or not. However, a good local architect should be able to come up with an alternative solution.

Potential hazards from falling trees or branches

Dying trees can put homes at risk because if they fall, they can cause significant damage to structures. Large tree branches overhanging a property can pose a risk to roofs and guttering. Decaying trees and defective branches can also be potentially life-threatening. A tree owner has a duty of care not to injure his or neighbour. They may be liable of negligence if the tree sheds a branch and harms someone.

There’s nothing set down in law about how often a tree should be inspected. An inspection can be done by the tree owner. See this common sense risk management of trees by the National Tree Safety Group 

For trees in high risk areas, such as overhanging a road, it’s best to have a professional inspection.  If you are making an offer on a property and a tree is diseased or dying, it may be possible to negotiate its removal by the owners.

A council may serve notice on the tree owner to require clearance of trees encroaching on a road or pavement. If the owner fails to get the work done, this may be carried out by the authority which then bills the owner.

So why would anyone want a large tree in their garden?

The advantages of trees include looks and seasonal interest, such as spring blossom or bright autumn foliage. Depending on its species and health, a mature tree can add significant value to a property and provide habitat for wildlife, such as birds. By creating oxygen and storing carbon dioxide, trees help combat climate change. Large trees give structure and focus to a garden, but their size and potential to cause damage or nuisance needs to be carefully considered.

Remember when you are purchasing a property, you are also buying any trees in the garden.  Understanding the law relating to trees can help you understand your rights and responsibilities.