Tree Policy

Specific Advice, Policies and Standards, Amenity Trees

Tree Related Enquiry	Policy Standard	Response Timescale
Tree related subsidence, alleged damage to property	The council will rigorously identify and defend any claims which are presumed to be false Advice: If you believe that your property is suffering from subsidence damage due to the action of trees in council ownership (or that you are concerned about potential damage) you are advised to contact your insurer in the first instance to discuss your concerns and agree an appropriate course of action. Should you or your representatives which to make a claim for damages against the council. You should in the first instance send details of your claim in writing to the Shared Assurance Services, this will then be All claims will be acknowledged within 5 working days of receipt and will then be investigated and passed to our insurers for action. forwarded to our insurers the appropriate officer for investigation and responded to appropriately.	All claims will be acknowledged within 5 working days of receipt and will then be investigated and passed to our insurers for action.
Tree touching a building A council owned tree touching private property	If a tree in council ownership is touching your property, we will investigate and take action to remove the nuisance. Advice: In most cases the solution will be for the council to prune the tree, however in some cases it may be more appropriate to fell the tree. If pruning is appropriate, we will endeavour to stop the problem reoccurring within five years. You have a Common Law right to abate the nuisance associated with the trees encroaching on to your property. The following advice is given if you wish to exercise your Common Law right with respect to encroaching trees: a) You can only consider removing those parts of the tree from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhanging your property; b) You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back encroaching trees, unless the works are trivial meaning you could do the works with hand secateurs or similar; c) You are strongly advised to tell the owner of the trees what you plan to do. You can find out if the trees are owned by the council by contacting The Gateway; d) Before you consider doing any works to the trees you should find out if they are protected by a Tree Preservation Order or they are in a Conservation Area. If trees are protected, then you will need to gain consent by making an application / give notice to the council. For guidance on how to check if the trees are protected and how to make an application please contact: The Gateway; e) Legally you do not own those parts of the tree that encroach over your property and you should make arrangements to return these to the owner. You are advised to discuss this with your neighbour to agree a mutually acceptable solution. If the encroachment is due to a council owned tree, then please make arrangements with the council for the removal of any material that you are not able to dispose of yourself.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Tree overhanging property Council tree encroaching onto private property.	We will not prune or fell a tree in council ownership to alleviate the nuisance of overhanging branches. Advice: The nuisance caused by overhanging branches may be considered as part of our general tree work programme and will inspected accordingly, the programme is prioritised and subject to the resources available. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and Light Council tree restricting light in a private property.	We will not generally prune or fell council owned trees to improve natural light, however following a site inspection the council may thin the crown of the tree to allow natural light to reach other trees or vegetation. Advice: If natural light is being blocked by the growth of a hedge, then action may be taken to reduce the problem under the High Hedges Act Part 8 of the Antisocial Behaviour Act 2003. This is enforced by the council’s Planning Enforcement Team. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and Drains Council tree allegedly causing damage to a drain on private land.	We will not prune or cut the roots of a council owned tree to prevent roots entering a drain that is already broken or damaged. Advice: Tree roots typically invade drains that are already broken or damaged. It is the responsibility of the homeowner to maintain their drains accordingly. If you are concerned about the condition of your drains, you are advised to contact United Utilities. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and Views Council tree restricting view from a private property.	We will not prune or fell a council owned tree to improve the view from a private property. Advice: If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees, Leaves, Sap, Blossom and Fruit Council tree shedding leaves, sap, blossom or fruit over a private property.	We will not prune or fell a council owned tree to remove or reduce leaf fall or remove fallen leaves from private property. Advice: We will not prune or fell a council owned tree to remove or reduce the fall of leaves, sap, blossom or fruit or remove leaves, sap, blossom or fruit from private property, this is a natural part of the cycle and cannot be avoided. Honeydew is caused by greenfly feeding on the sap from leaves and excreting their sugary waste, this can be removed by washing with warm soapy water. Additional resources and put in to removing leaves from footpaths and highways in the autumn, if you would like to contact the council to report a road, street or path that needs to be swept, please contact: The Gateway; If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and bird droppings Council tree harbouring birds leading to a nuisance from bird droppings.	We will not prune or fell a council owned tree to remove or reduce bird droppings from trees or to remove bird droppings from private land. Advice: Bird droppings may be a nuisance, but the problem is not considered a sufficient reason to prune or remove a tree. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in thewhich the customer can expect to receive a full response.
Trees and wild animals, insect pests Council tree harbouring bees, wasps or other nuisance animals.	We will not prune or fell a council owned tree to remove or reduce the incidence of bees, wasps or wild animals. Advice: Bees are a protected species and advice should be taken before considering their removal. Advice should be sort from a professional to deal with wasp nests, the council can provide a chargeable service for removing certain pest species, you should contact The Gateway for further details	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Tree and TV and satellite reception	We will not prune or fell a council owned tree to prevent interference with TV / satellite installation / reception. Advice: It may be that your satellite or TV provider will be able to suggest an alternative solution such as relocating your aerial or dish or a means to boost the signal. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and telephone wires Council tree interfering with telephone wires	We will not fell a council owned tree to remove or reduce interference with telephone wires. There may be instances where the Council will undertake works to prune trees and reduce interference where pruning will be an effective measure. Advice: Your telephone service provider may be able to suggest an alternative solution to the problem. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Tree considered too big / too tall Council tree considered to be excessive in size.	We will not prune a tree due to unfounded fears regarding its size or height. Advice: A tree is not considered dangerous just because it may be viewed as too big for its surroundings, other issues would need to be apparent for it to be considered dangerous.	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and vandalism Any act of vandalism to a council owned tree.	We will investigate any reports of vandalism to a council owned tree and deal with accordingly. Advice: Generally, we plant larger trees which are less prone to vandalism, larger planting schemes are fenced initially to provide protection, this will be removed once they have become established. Residents are encouraged to report acts of vandalism if and when they witness them	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.
Trees and crime / anti-social behaviour Council trees implicated in providing conditions that encourage criminal activity / anti-social behaviour	Where a council owned tree is associated with criminal activity or anti-social behaviour, measures will be considered to reduce the problem on an individual basis. Advice: Pruning or felling a tree is not always the answer to a problem, most issues require a coordinated approach involving a number of agencies including the Police, action will only be taken following agreement with other agencies. The removal of food from council owned land is not permitted without consent, timber left on site is generally left to create wildlife habitats. Unauthorised individuals are not allowed to use chainsaws on council owned land if you see someone using a chainsaw or removing wood from council owned land this should be reported to The Gateway as soon as possible. (Someone in an unmarked vehicle or without clothing that clearly identify who they are).	The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.

Tree Related Enquiry

Policy Standard

Response Timescale

Tree related subsidence, alleged damage to property

The council will rigorously identify and defend any claims which are presumed to be false

Advice:

If you believe that your property is suffering from subsidence damage due to the action of trees in council ownership (or that you are concerned about potential damage) you are advised to contact your insurer in the first instance to discuss your concerns and agree an appropriate course of action. Should you or your representatives which to make a claim for damages against the council. You should in the first instance send details of your claim in writing to the Shared Assurance Services, this will then be All claims will be acknowledged within 5 working days of receipt and will then be investigated and passed to our insurers for action. forwarded to our insurers the appropriate officer for investigation and responded to appropriately.

All claims will be acknowledged within 5 working days of receipt and will then be investigated and passed to our insurers for action.

Tree touching a building

A council owned tree touching private property

If a tree in council ownership is touching your property, we will investigate and take action to remove the nuisance.

Advice:

In most cases the solution will be for the council to prune the tree, however in some cases it may be more appropriate to fell the tree. If pruning is appropriate, we will endeavour to stop the problem reoccurring within five years.

You have a Common Law right to abate the nuisance associated with the trees encroaching on to your property. The following advice is given if you wish to exercise your Common Law right with respect to encroaching trees:

a) You can only consider removing those parts of the tree from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhanging your property;

b) You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back encroaching trees, unless the works are trivial meaning you could do the works with hand secateurs or similar;

c) You are strongly advised to tell the owner of the trees what you plan to do. You can find out if the trees are owned by the council by contacting The Gateway;

d) Before you consider doing any works to the trees you should find out if they are protected by a Tree Preservation Order or they are in a Conservation Area. If trees are protected, then you will need to gain consent by making an application / give notice to the council. For guidance on how to check if the trees are protected and how to make an application please contact: The Gateway;

e) Legally you do not own those parts of the tree that encroach over your property and you should make arrangements to return these to the owner. You are advised to discuss this with your neighbour to agree a mutually acceptable solution. If the encroachment is due to a council owned tree, then please make arrangements with the council for the removal of any material that you are not able to dispose of yourself.

The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in the which the customer can expect to receive a full response.

Tree overhanging property

Council tree encroaching onto private property.

We will not prune or fell a tree in council ownership to alleviate the nuisance of overhanging branches.

Advice:

The nuisance caused by overhanging branches may be considered as part of our general tree work programme and will inspected accordingly, the programme is prioritised and subject to the resources available. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

Trees and Light

Council tree restricting light in a private property.

We will not generally prune or fell council owned trees to improve natural light, however following a site inspection the council may thin the crown of the tree to allow natural light to reach other trees or vegetation.

Advice:

If natural light is being blocked by the growth of a hedge, then action may be taken to reduce the problem under the High Hedges Act Part 8 of the Antisocial Behaviour Act 2003. This is enforced by the council’s Planning Enforcement Team.

If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice

Trees and Drains

Council tree allegedly causing damage to a drain on private land.

We will not prune or cut the roots of a council owned tree to prevent roots entering a drain that is already broken or damaged.

Advice:

Tree roots typically invade drains that are already broken or damaged. It is the responsibility of the homeowner to maintain their drains accordingly. If you are concerned about the condition of your drains, you are advised to contact United Utilities.

If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

Trees and Views

Council tree restricting view from a private property.

We will not prune or fell a council owned tree to improve the view from a private property.

Advice:

If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

Trees, Leaves, Sap, Blossom and Fruit

Council tree shedding leaves, sap, blossom or fruit over a private property.

We will not prune or fell a council owned tree to remove or reduce leaf fall or remove fallen leaves from private property.

Advice:

We will not prune or fell a council owned tree to remove or reduce the fall of leaves, sap, blossom or fruit or remove leaves, sap, blossom or fruit from private property, this is a natural part of the cycle and cannot be avoided. Honeydew is caused by greenfly feeding on the sap from leaves and excreting their sugary waste, this can be removed by washing with warm soapy water. Additional resources and put in to removing leaves from footpaths and highways in the autumn, if you would like to contact the council to report a road, street or path that needs to be swept, please contact: The Gateway;

If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice

Trees and bird droppings

Council tree harbouring birds leading to a nuisance from bird droppings.

We will not prune or fell a council owned tree to remove or reduce bird droppings from trees or to remove bird droppings from private land.

Advice:

Bird droppings may be a nuisance, but the problem is not considered a sufficient reason to prune or remove a tree.

If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

The enquiry will be answered within 12 working days of receipt and feedback provided to the customer. If the enquiry requires further research, we will indicate a timescale in thewhich the customer can expect to receive a full response.

Trees and wild animals, insect pests

Council tree harbouring bees, wasps or other nuisance animals.

We will not prune or fell a council owned tree to remove or reduce the incidence of bees, wasps or wild animals.

Advice:

Bees are a protected species and advice should be taken before considering their removal. Advice should be sort from a professional to deal with wasp nests, the council can provide a chargeable service for removing certain pest species, you should contact The Gateway for further details

Tree and TV and satellite reception

We will not prune or fell a council owned tree to prevent interference with TV / satellite installation / reception.

Advice:

It may be that your satellite or TV provider will be able to suggest an alternative solution such as relocating your aerial or dish or a means to boost the signal. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

Trees and telephone wires

Council tree interfering with telephone wires

We will not fell a council owned tree to remove or reduce interference with telephone wires. There may be instances where the Council will undertake works to prune trees and reduce interference where pruning will be an effective measure.

Advice:

Your telephone service provider may be able to suggest an alternative solution to the problem. If you wish to exercise your Common Law right to remove the nuisance associated with encroaching trees – see previous advice.

Tree considered too big / too tall

Council tree considered to be excessive in size.

We will not prune a tree due to unfounded fears regarding its size or height.

Advice:

A tree is not considered dangerous just because it may be viewed as too big for its surroundings, other issues would need to be apparent for it to be considered dangerous.

Trees and vandalism

Any act of vandalism to a council owned tree.

We will investigate any reports of vandalism to a council owned tree and deal with accordingly.

Advice:

Generally, we plant larger trees which are less prone to vandalism, larger planting schemes are fenced initially to provide protection, this will be removed once they have become established. Residents are encouraged to report acts of vandalism if and when they witness them

Trees and crime / anti-social behaviour

Council trees implicated in providing conditions that encourage criminal activity / anti-social behaviour

Where a council owned tree is associated with criminal activity or anti-social behaviour, measures will be considered to reduce the problem on an individual basis.

Advice:

Pruning or felling a tree is not always the answer to a problem, most issues require a coordinated approach involving a number of agencies including the Police, action will only be taken following agreement with other agencies. The removal of food from council owned land is not permitted without consent, timber left on site is generally left to create wildlife habitats.

Unauthorised individuals are not allowed to use chainsaws on council owned land if you see someone using a chainsaw or removing wood from council owned land this should be reported to The Gateway as soon as possible. (Someone in an unmarked vehicle or without clothing that clearly identify who they are).