How close can I build to my tree?
If the building work proposed requires planning consent, all trees which could potentially be affected by the development (including those off-site) should be assessed by an arboricultural consultant in accordance with British Standard BS5837:2012 Trees in relation to design...
23/11/2015
17:04
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Branches or roots from my neighbour’s tree are growing over my boundary. What can I do?
Under ‘common law’, you may be able to prune branches and roots which grow over your boundary. However, you also have a legal duty to take ‘reasonable care’ whilst undertaking any works and you may be liable if you damage the tree or cause it to become unstable. It is therefo...
24/11/2015
08:11
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My neighbours are unhappy that a tree growing in my garden overhangs their property and say that the
Under common law rights a neighbour can cut back any foliage that overhangs the boundary to the boundary line without reference to the owner of the tree/shrub (this includes roots!). If the tree is covered by a Tree Preservation Order (TPO) or is growing within a Conservation...
24/11/2015
08:15
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I have a tree which is outside my boundary and not under my control - whose responsibility is it?
The law is very clear with regard to a tree owner’s ‘duty of care’: Legally, the owner of the land is responsible for trees growing on their land. If the tree is growing on Council owned or managed land then you should contact your local Council.
24/11/2015
08:18
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I am worried that my neighbour’s tree is dangerous. What should I do?
If a tree growing on someone else’s land causes injury to someone or damage to property then the owner may be liable. If you think your neighbour’s tree might be dangerous then you should contact an arboricultural consultant for further advice. It is always best to settle a d...
24/11/2015
08:22
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I do not know who owns a tree, which is causing me concern – who do I contact?
Local Councils do not hold records of land ownership, and therefore cannot advise on the ownership of trees, you should contact the Land Registry who hold details of land ownership. A charge is made for this service.
24/11/2015
08:26
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How do I report a problem with a tree on council land?
If you have any concerns or enquiries about a tree on Council land, contact the Council directly. Find your local council .
24/11/2015
08:28
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What should I do to make sure that Bats are not affected?
All British Bat species are protected by law and many bats roost in trees; although some bat species have adapted to living in buildings, trees still remain important throughout the year for most of the UK’s 16 species. Suitable trees are becoming fewer and further between ...
24/11/2015
08:33
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When is the bird nest season?
The ‘Bird Nesting Season’ is officially from February until August (Natural England) and it is recommended that vegetation works (tree or hedge cutting) or site clearance should be done outside of the nesting season. However, in reality the nesting period may start before thi...
24/11/2015
08:39
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What birds are protected?
There is often the misconception that some birds are exempt from protection i.e. feral pigeons, magpies, crows etc., but this is not the case: All wild birds are protected under the Wildlife and Countryside Act 1981 (as amended) whilst they are actively nesting or roosting...
24/11/2015
08:48
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