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Trees: to Cut or Not to Cut? What the Law Says

Trees: to Cut or Not to Cut? What the Law Says

As we slowly limp towards the spring, homeowners are assessing the damage caused by a particularly wet and blustery winter. Trees are a major victim of extreme weather conditions, and now might be a good time to get your trees cut back to prevent damage caused by falling branches and to get your topiary in great condition come spring.

Tempting as it may be to try to tackle cutting back your trees yourself, this is usually a job for the professionals. This is because, not only is tree surgery a specialist, not to mention dangerous, job, but there are occasionally restrictions that you will need to know about before you start to chop.

Conservation Areas

A conservation area, or CA, is “an area of special architectural or historic interest, the character of which is considered worthy of preservation or enhancement.” If the tree that you want to cut is in a conservation area, then you need to give a minimum of 6 weeks’ notice to your Local Planning Authority (LPA) either by letter, email, or section 211 notice form. In this correspondence you will need to give an outline of the work that you want to do; in response, the LPA may place a tree preservation order on one or more trees in the area.

When do you need a section 211 notice? If a tree is less than 1.5 metres tall or less than 7.5cm in diameter, then you can work on it without seeking permission.

Tree Preservation Orders

A Tree Preservation Order (TPO) is a restriction placed on a tree by the LPA. TPOs are reserved for trees that are considered to be of significance to the local area. An LPA can apply a tree preservation order to just one single tree, or to a group of trees in a specific location. Once a TPO has been applied, it is not possible for anyone to lop, top, uproot, cut, damage, or destroy that tree without specific permission to do so. This even applies to trees that may need lopping to prevent storm damaged branches from falling and damaging your or neighbouring property. If you want to arrange any kind of intervention with a tree that has a TPO, you need to make an application to your LPA. Failure to do so could result in you being charged and tried at Crown Court, leading to a criminal conviction and fine. You can apply to work on a protected tree via your local authority’s planning portal.

Tree surgery – or arboriculture, is a specialist skill that takes years to master. Even if you have a tree that is not protected by law, it is advisable that you consult a gardener or tree surgeon before you undertake any work. Failure to do the job properly could lead to your tree declining in health; it could even weaken the tree’s structure and put you at great risk of damage from falling branches. For more advice, follow us on Facebook or X.

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