Trees, preservation orders and hedges

Branches are overhanging my boundary, can I cut them back?
A tree or hedge owner has no legal requirement to cut back branches which overhang your property but if the tree does not have a Tree Preservation Order (TPO) on it then you have the right to cut it back to your boundary.

Trees and hedges are blocking my light, what can I do?
You should firstly try to resolve issues by talking to the owner of the tree or hedge as they are responsible for ensuring that they are safe. Local authorities can now intervene where a hedge is considered to be restricting light and neighbours cannot resolve the issue themselves.

Trees and Planning Permission
Trees within 15 meters of any building proposal should be shown on plans. Foundation design and depth can be affected as the cutting of roots is potentially damaging and so, in the Secretary of States view, requires the LPAs consent.
Small, recently planted trees and hedges should also be marked.

Tress and Preservation Orders (TPOs)
A tree preservation order is an order made by a local planning authority ('LPA') in respect of trees or woodlands. The purpose is to protect trees which the authority feel are of significant importance to the landscape of an area and for the public's enjoyment. The principal effect of a TPO is to prohibit the:

• cutting down,
• uprooting,
• topping,
• lopping,
• wilful damage, or
• wilful destruction of trees without the LPAs consent.

How to apply for consent to carry out works to a protected tree
Application forms are available from the Council's Town Planning Services. It may be advisable to discuss your proposals with the Tree Officer prior to submitting your application. It usually takes 6 - 8 weeks from receipt of your application until a decision is made.

If your application is rejected, you can appeal to the Secretary of State for the Environment in writing within 28 days of receiving the decision.

Infringements
If a protected tree is damaged or destroyed without permission then the owner, contractor or both may be prosecuted and on conviction in a magistrates' court, be liable to a fine of up to £20,000 or in a high court to an unlimited fine.

Tree Planting
The council run various tree planting schemes on council owned land and in conjunction with new housing projects. You are able to plant anything you wish as long as it is within the boundaries of the land that you own.