Frequently Asked Questions
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Why Do I Need a Tree Survey for My Planning Application?
A tree survey is often required as part of a planning application to ensure that trees on or near your site are properly considered during the development process. Local planning authorities (LPAs) typically request tree surveys to assess the impact of your proposed project on existing trees and to ensure compliance with relevant policies and legislation.
Many LPAs have policies to protect trees, especially those covered by Tree Preservation Orders (TPOs) or located within conservation areas. A tree survey provides detailed information about the size, condition, species, and value of trees on or near your site, helping planners make informed decisions.
A well-prepared tree survey and accompanying arboricultural impact assessment (AIA) demonstrate to the LPA that you have considered the impact of your project on trees. This can improve the likelihood of your application being approved.In summary, a tree survey is an essential step in navigating the planning process effectively, helping you protect trees, avoid potential fines, and achieve a successful planning outcome.
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What Are My Legal Responsibilities as a Tree Owner?
As a tree owner, you have a legal duty of care to ensure your trees do not pose a risk to people, property or neighbouring land. This responsibility stems from UK laws, including the Occupiers’ Liability Acts of 1957 and 1984, and requires proactive management to prevent hazards.
Regular inspections are essential to identify issues such as dead branches, disease, or structural weaknesses. While smaller or low-risk trees may only need informal checks, mature or high-risk trees near roads, pathways or neighbouring properties often require a professional assessment to ensure safety.
If a tree is deemed hazardous, you must take appropriate action, such as pruning or removal, to mitigate risks. Failure to do so could make you liable for any injury or damage caused. Demonstrating that you’ve taken reasonable precautions, such as instructing expert inspections, can provide legal protection against potential claims.
You also have obligations towards neighbouring properties. Overhanging branches or encroaching roots may lead to disputes, as neighbours are entitled to trim them back to the boundary.
By managing your trees responsibly and seeking professional advice when needed, you can meet your legal obligations while maintaining healthy and safe trees.
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What If My Tree Has a TPO or Is in a Conservation Area?
If your tree is protected by a Tree Preservation Order (TPO) or located in a Conservation Area, special regulations apply to any work you wish to carry out. These protections are designed to preserve trees of significant value to the environment or local area, and unauthorised work can lead to legal penalties.
For trees with a TPO, you must seek permission from your local planning authority before carrying out any work, including pruning, lopping, or felling. Applications must specify the nature of the work and justify why it is necessary. Only approved actions can be undertaken, and failure to comply may result in fines of up to £20,000 or more in serious cases.
If your tree is in a Conservation Area, you must notify your local authority at least six weeks before undertaking work. This allows the council to assess whether the tree warrants a TPO. Proceeding without proper notice can result in similar penalties to those for TPO-protected trees.
There are some exceptions, such as if the tree poses an immediate danger to public safety. In such cases, emergency work may be permitted, but you must still provide evidence, such as photographs or an arboricultural report, and inform the local authority as soon as possible.
To avoid issues, always confirm the status of your tree before starting any work. Consulting a qualified arboricultural consultant can help ensure compliance with legal requirements and protect the health and value of your trees.
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How Often Should My Trees Be Inspected?
The frequency of tree inspections depends on several factors, including the tree's age, species, location and any external risks such as proximity to buildings or roads. Generally, trees should be inspected at least once a year by a qualified arborist to ensure their health and safety.
However, certain conditions may require more frequent checks. For example, older or weakened trees, trees in storm-prone areas, or those near structures may need to be monitored more regularly. After severe weather events, such as storms or high winds, it’s advisable to have a prompt inspection to identify any damage or hazards.
Additionally, if you notice visible signs of distress in your tree, such as dieback, leaning, or fungal growth, it’s important to have it inspected immediately to address potential risks before they escalate.
A regular inspection helps to identify early signs of disease, structural issues, or pest infestations, enabling proactive management to protect both the tree and surrounding property. Consulting with a professional arborist will ensure the correct care and management of your trees, keeping them healthy and safe for years to come.
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What is Subsidence and Heave?
Subsidence and heave refer to the upward or downward movement of the ground beneath a building, which can cause structural damage. Both are important considerations in tree management, particularly when trees are near buildings or other structures.
Subsidence occurs when the ground beneath a structure sinks or settles. This can be caused by a variety of factors, including the drying out of clay soils by tree roots. Trees, particularly large or mature ones, can absorb significant amounts of water from the soil, causing it to shrink and leading to the settling of foundations or cracks in walls.
Heave, on the other hand, is the opposite phenomenon. It happens when the ground beneath a structure lifts or rises, usually as a result of the soil becoming wetter or more saturated, which can occur when trees are removed or disturbed. The absence of tree roots can lead to soil expansion, causing the ground to rise and sometimes resulting in damage to buildings or pathways.
Both subsidence and heave can have serious consequences for the stability of buildings, so it is essential to monitor and manage tree roots near structures. Consulting an arborist for advice on tree planting, pruning or removal can help prevent these issues and protect your property.
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What Is the Importance of Tree Pruning?
Tree pruning is a crucial aspect of tree care, providing numerous benefits to both the health of the tree and the safety of the surrounding environment.
Pruning helps remove dead, diseased or damaged branches, which can prevent further decay or the spread of disease. By removing these branches, the tree can allocate its energy to healthier parts, ensuring it remains strong and vibrant. Additionally, pruning can improve air circulation and light penetration within the canopy, promoting better overall tree health.
Safety is another key reason for pruning. Overgrown branches can become a hazard, especially if they are near buildings, power lines, or pathways. Regular pruning reduces the risk of branches falling, potentially causing damage or injury.
Pruning also enhances the aesthetic value of trees, shaping them to improve their appearance in a landscape. Properly maintained trees contribute to a more attractive and well-organised environment.
To ensure pruning is done correctly and safely, it's best to consult with a professional arborist, who can assess the tree's needs and apply the proper techniques.