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Landscaping & Gardening

Top tips on all things garden design, including fencing, lawn care, planting and outdoor improvements.

Landscaping & Gardening

Your Guide To: Trees And The Law

The sun is shining, trees are flourishing, and the blossom is at its most glorious. It is usually about this time that you realise just how much light you lose from the oak, sycamore or apple tree in your garden. Trees are beautiful things, crucial for our environment and undeniably a fantastic feature for any garden. However, if your tree blocks your light, is at risk of damaging your property or a neighbour’s, or is diseased, you may want to have it removed.

The sun is shining, trees are flourishing, and the blossom is at its most glorious. It is usually about this time that you realise just how much light you lose from the oak, sycamore or apple tree in your garden. Trees are beautiful things, crucial for our environment and undeniably a fantastic feature for any garden. However, if your tree blocks your light, is at risk of damaging your property or a neighbour’s, or is diseased, you may want to have it removed.

Cutting trees down or back is a specialist job – it is important that you consult a tree surgeon before you make any major decisions.

Aside from the risks of undertaking tree work yourself, some trees are protected by government legislation. Working on a tree that is in a Conservation Area or protected by a Tree Preservation Order, Planning Conditions, Felling Licences or Restrictive Covenants without permission can lead to enforcement action. It is easy to feel overwhelmed with the flood of acronyms and what they mean. If you don’t know your TPOs from your CAs and LPAs, don’t worry! In this series, we talk through the restrictions placed upon trees and what it means for you.

Tree Preservation Orders (TPOs)

Tree Preservation Orders are overseen by the Local Planning Authorities (LPAs) and are designed to protect trees which are considered to be of significance to the local area. A TPO can apply to a single tree, or all trees in a specified area. It is against the law to top, lop, uproot, cut down, wilfully damage or destroy a tree that has a TPO unless you have permission from the LPA. If you are found guilty of violating a TPO, you could be tried in Crown Court and could incur a fine or criminal record. If a tree is subject to a TPO, you can apply to your Local Planning Authority or through the Planning Portal.

Conservation Areas (CAs)

If a tree in a conservation area is covered by a TPO, then it will be subject to the normal TPO restrictions and permission will need to be sought to undertake any work on it. However, if a tree is in a conservation area but is not protected by a TPO, it is necessary that you give at least 6 weeks’ written notice to your LPA via email, letter or designated section 211 notice form, outlining the proposed work. The section 211 notice will give the LPA the opportunity to protect a tree in a conservation area with a TPO before work is done.

You only need to make a section 211 notice on mature trees; trees less than 7.5 centimetres in diameter and less than 1.5 metres from the ground can be worked on without notice.

If you are unsure about whether you can work on a tree, consult a tree surgeon; arboriculture is a craft and you could fall foul of the law, as well as put yourself at risk if you fail to get the work done properly, safely, and in accordance with legislation.

For more guidance, or to find a tree specialist you can trust, follow Trust A Trader on Facebook or Twitter.

Looking for more landscaping & gardening advice?

Find clear, practical answers to common landscaping & gardening questions, helping homeowners understand everyday issues, know what checks they can carry out safely, and when it is best to contact a qualified professional.

  • Do I need a professional to design and landscape my garden?

    For simple stuff - planting, basic lawn care, a few raised beds - you can often manage it yourself. For anything involving hard landscaping, drainage, retaining walls, or changing ground levels, get a professional involved.

    Badly built retaining walls and poor drainage cause expensive problems. A landscaper will also know which materials will actually work for your soil and conditions.

  • What is the difference between a landscaper and a gardener?

    A gardener looks after your garden on an ongoing basis - mowing, pruning, planting, general upkeep. A landscaper creates the garden in the first place - patios, paths, fencing, decking, drainage, planting schemes, the whole structure. Some people do both, but they're distinct skill sets.

    If you want the garden transformed rather than maintained, a landscaper is who you need.

  • How do I get rid of an overgrown garden?

    It's often more work than it looks. Beyond cutting things back, there may be significant root systems to clear, possibly invasive species to deal with (Japanese knotweed needs specialist handling), and ground prep before any replanting can happen.

    For anything seriously overgrown, professional clearance is going to be faster, more thorough, and safer than tackling it yourself.

  • What time of year is best for garden landscaping work?

    Hard landscaping - patios, paths, decking, fencing - can happen most of the year, though very wet or frozen ground causes delays. Planting is best in spring or autumn when things establish more easily.

    If you're planning something big, book a landscaper in late winter for spring work - good ones fill up fast once the season gets going.

  • What should I do if I have Japanese knotweed in my garden?

    Take it seriously. It can damage buildings and hard surfaces, and some mortgage lenders won't lend on properties where it's present and unmanaged. You're not legally required to remove it as long as it stays within your boundary, but you are responsible for stopping it from spreading to neighbouring land.

    It needs specialist treatment - either chemical treatment over multiple growing seasons, or excavation and licensed disposal. Don't compost it or put it in your general garden waste.

  • What are the benefits of artificial grass?

    The obvious one: no mowing. It stays looking decent all year and doesn't turn to mud in winter, which is a real plus for households with kids or dogs. Modern artificial grass is much more realistic than it used to be and holds its colour well. Worth knowing though: it gets noticeably hot in direct sun, needs occasional brushing, and is made from plastic that can't currently be recycled at end of life.

    It's a great fit for a low-maintenance, practical space - less so if the environmental benefits of a real lawn matter to you.

  • How can I make my garden low-maintenance?

    Cut down the amount of lawn first - it needs more regular attention than almost anything else. Swapping sections for hard landscaping or planted beds with ground-cover plants makes a real difference.

    Pick plants that suit your soil and aspect - ones that are happy where they are will largely look after themselves once established.

    A thick bark mulch layer keeps weeds down and holds moisture. A drip irrigation system on a timer removes another regular task. A good landscaper can design a scheme specifically around low maintenance rather than just what looks attractive.

  • Do I need planning permission for decking, a pergola, or a garden room?

    Decking is usually fine under Permitted Development as long as it's no more than 30cm above ground and doesn't cover more than half the garden. Open pergolas are generally okay - but start enclosing them with a roof and sides and they get treated differently.

    Garden rooms are classed as outbuildings: permitted if single-storey, within size limits, not used as living accommodation, and set back properly from boundaries. Listed buildings are a different matter - any structure nearby needs listed building consent. If you're not sure, a quick inquiry to your local planning authority will give you a clear answer before you spend anything.

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