While cutting back and pruning trees and shrubs is an essential part of gardening and landscaping, making the decision to completely remove a tree by cutting it down should not be taken lightly. No matter whether you want to fell a tree for aesthetic reasons, or you are cutting down a tree that you believe has become a safety concern, it’s important that you understand the complex protection and preservation laws attached to trees, as well possession laws, before you reach for an axe or chainsaw.
To help you get to grips with the dos and don’ts of tree felling, here at Brandon Hire Station, we have put together this handy guide to help you when it comes to lawfully cutting down trees.
Can I cut down a tree in my garden?
If you are a homeowner and own the land in which a tree is growing, then you can typically cut it down without having to obtain permission. However, if your land is located in a Conservation Area or the tree itself is subject to a Tree Preservation Order (TPO), you cannot remove it without permission.
As we will explain in more detail later in the post, if you are unsure if a tree on your land is protected by a TPO, or if your land is part of a Conservation Area, you can contact your local planning authority. They will hold any details of TPOs on your land, as well as information regarding larger Conservation Areas.
If you are not the landowner and instead live in private rented accommodation, you must also obtain permission from your landlord before cutting down any trees in your garden.
It’s also worth noting that, if a tree on your property has branches which are overhanging a neighbouring property, the owner of the neighbouring land has the right to cut back and prune these branches using any method they see fit, for example with pruning shears or even using an electric reciprocating saw for larger overhanging branches. However, they are not allowed to fell an entire tree if its roots are located on your land. That being said, if you spot a tree that is close to a neighbouring property that looks as though it could fall, it is a good idea to deal with it as soon as possible. If a tree from your land falls and causes injury or damage to a neighbour/third party or their property, you will be liable.
What is a Tree Preservation Order?
Typically put in place by a planning authority such as local council, a TPO is a legal device used to protect individual trees or areas of woodland from deliberate destruction or damage. Originally introduced in the UK in 1947, some TPOs have been in force for over 70 years.
As a rule, TPOs are most commonly used to protect trees in urban and suburban areas, and are used to safeguard trees of all species that are considered ‘community amenities’ or those trees or woodlands that are thought to have what is described as ‘nature conservation value’. Interestingly, while collective areas of woodland can be protected by TPOs, bushes, shrubs, and hedges are not covered.
It is important to note that if you discover that land that you own contains a tree or an area of woodland that is protected by a TPO, you as the landowner are solely responsible for the upkeep and care of the tree, as well as being liable for any risks the tree may pose to neighbours, third party passers-by, and their property. If a tree protected by a TPO needs to be cut down due to safety concerns, the local authority which manages the TPO can insist a replacement tree is planted in its place.
Can I prune a tree with a preservation order?
Yes, you can prune a tree with a preservation order, but only if this pruning is helping to ensure the tree’s health and/or guard public safety. This is to say, a TPO-protected tree can be trimmed if a branch has become diseased, for example, or if part of the tree has become a safety concern. However, TPO-protected trees should not be excessively trimmed, topped (reducing the size of the tree by cutting large branches and/or trunks from the top of the tree) or lopped (indiscriminately cutting large branches that make up the body of the tree). This would be a violation of the order and could result in a hefty fine. After all, it is a criminal offence to breach a TPO and there is no upper limit on the fine that may be handed out.
How do I know if a tree has a preservation order?
As touched upon above, in order to find out if a tree on your land has a preservation order, you need to contact your local planning authority - this is usually your local council. Nowadays, you can typically check to see if a property or area of land contains any trees with TPOs on it (or if the land is located inside a Conservation Area) by visiting the council’s website. If you cannot find the information you need online, we would recommend contacting the planning department of your local council by email, post, or phone. A council employee will be able to check for TPOs on your land and get back to you.
When it comes to Conservation Areas, you must give at least six weeks notice to the council before carrying out work involving trees in these areas that are not protected by a TPO. If a tree on the land is protected by a TPO and you still want to remove or trim it significantly, you will need to apply to the council to carry this work out for you. They will send out trained professionals to ensure the work is completed correctly.
