FAQs

How can I find out if a tree on my property has a Tree Preservation Order (TPO)?

You can check a TPO by searching your local council’s online planning map or contacting their tree officer.

You’ll need to add the layers you want to view on the map viewers.

Links to local planning maps:-

https://maps.cheshireeast.gov.uk/ce/webmapping
https://maps.cheshirewestandchester.gov.uk/cwac/webmapping

Alternatively, contact us and we’ll find out for you.

“We provide arboricultural consultancy and tree surgery across Cheshire, Manchester, and the North West, ensuring compliance with local planning authorities.”

Can I prune a tree in a Conservation Area (CA) without council permission?

No. For trees in a Conservation Area with a stem diameter over 75mm, you must give the council six weeks’ written notice before starting work. This allows the council to decide if a TPO should be placed on the tree. You can check for a CA on the council local map viewers.

What are the penalties for cutting down a protected tree in the UK?

Illegally felling or damaging a protected tree can lead to unlimited fines in the Crown Court. In the Magistrates’ Court, fines are typically capped at £20,000 per tree, and owners are usually legally required to plant a replacement tree of a similar size and species.

How can I tell if a mature tree is dangerous or structurally unstable?

Signs of instability include fungal brackets at the base, stem cavities, sudden leaning, or cracked soil around the root plate, dead branches or sparseness in the crown. However, these signs do not mean the tree needs to be felled. If you see these features in a tree, you should ask a qualified arborist to take a look. If a risk assessment is required, this should be carried out by a suitably qualified arboricultural consultant.

This is a handy reference of things to look out for, or obvious features, in your trees.

What qualifications should I look for when hiring a professional tree surgeon or arborist?

An arboricultural contractor should have NPTC or LANTRA certifications for the tasks being performed and proof of suitable insurance including employers and public liability insurance. Choose an Arboricultural Contractor with at least £5 million in Public Liability Insurance and who works to BS3998 standards and more recent industry recommendations. When choosing an arboricultural consultant for risk assessment of trees, you should be asking for professional indemnity insurance and a level 5 arboricultural qualification with the Lantra Professional Tree Inspection (PTI) certification as well.

Will my home insurance cover the cost of removing a fallen tree?

Most UK policies cover removing a fallen tree if it has damaged a permanent structure. If a tree falls in a garden without causing damage, removal is usually the homeowner’s responsibility. Always make sure you tell your insurance company about large mature tree.

Can tree roots cause subsidence and how is it surveyed?

Yes, tree roots can cause subsidence by removing moisture from clay soils, but not by direct damage. A specialist arboricultural survey, which includes soil analysis, is needed to determine if a tree is causing structural damage.

What is a BS5837 tree survey and when is it required for planning?

A BS5837 tree survey is a detailed assessment needed for UK planning applications where trees are present on or near a development site. It categorizes trees and identifies constraints, like Root Protection Areas (RPAs), that need protection during development. It can inform the preliminary design process to get a best fit scheme for your development, and should be instructed prior to layout design.

How does a Root Protection Area (RPA) affect my development, building or extension plans?

An RPA defines the minimum area around a tree that must be protected to successfully retain the tree. If your extension or development overlaps an RPA, you might need special construction methods, such as pile and beam foundations or three dimensional cellular systems, to maintain a reasonable rooting environment.

What is an Arboricultural Impact Assessment (AIA) and Arboricultural Method Statement (AMS)?

An AIA is a report that assesses how a development will affect trees. It details the project’s direct and indirect impacts and offers solutions to meet local planning requirements, it uses and includes data and suggestions from the BS5837 Survey.

An AMS is a ‘how to’ of the designs and tree protections outlined in the BS5837/AIA. It tells the LPA (Local Planning Authority) and the construction team how to handle the constraints and protection of the trees during the construction phase.

Can my neighbour force me to cut my tree or hedge down?

Generally, a neighbour cannot force you to remove a tree or hedge unless it is dangerous, causing structural damage, or violating the High Hedges Act (Part 8 of the Anti-social Behaviour Act 2003). While neighbours have a Common Law right to “abate a nuisance” by pruning overhanging branches back to the boundary line, they cannot reduce the height of your tree or enter your land without permission.

Key Legal Constraints

High Hedges (Evergreens): To qualify for a local council complaint, a hedge must consist of a line of two or more evergreen or semi-evergreen trees or shrubs that rise to a height of over 2 metres above ground level and form a barrier to light or access. If a hedge consists of two or more evergreen or semi-evergreen plants and exceeds 2 metres in height, a neighbour can complain to the local council. If the council finds the hedge severely impacts their “reasonable enjoyment” of their property, they can issue a Remedial Notice forcing you to reduce its height.

Overhanging Branches: Neighbours may trim branches that extend over their boundary, but they must offer the cuttings (arisings) back to you and cannot prune beyond the property line or cause the tree to become unstable or die.

Structural Damage/Subsidence: If your tree roots are proven to be causing subsidence or physical damage to a neighbour’s property, they may be able to obtain a court order for its removal or significant reduction via a civil claim.

We’re here to help your trees thrive, your landscape flourish, and to give you peace of mind.

We are generally outdoors and cannot always answer our phones. The best way to contact Andrew, Charlie & Our Team is using the contact form.

01270 611626

Consultancy 07812 161173

Tree Care & Contracting 07834 816326