›› What if I live in a Conservation Area? / What if my tree has a Tree Preservation Order on it?
›› When is the best time to prune my tree?
›› When is the best time to plant trees?
›› How big will my 'conifer' grow?
›› What can I do about my neighbour's tree or hedge which overhangs my garden?
›› What can I do about my neighbour's hedge that blocks out the light to my house?
Here are the answers to some of the most common questions our customers ask us. They are not here to put you off calling us! Give us a call on 0117 929 9518 or email us using the contact page if you have any other questions.
What if I live in a Conservation Area? / What if my tree has a Tree Preservation Order on it?
The Local Authority has placed protection on your tree in the best interests of the tree, the character of neighbourhood and, incidentally, the value of your house. But this protection does not place a blanket ban on carrying out work on the tree. It is simply a way to ensure that any work that is carried out is necessary, appropriate, and in the interests of the tree and local environment.
Your Local Authority will require evidence that the proposed work is justified. Clifton Tree Care will act as your agent where proposed works come under the jurisdiction of the Local Authority. We will carry out a visual inspection of the proposed work and, on engagement, submit the relevant paperwork to your Local Authority, free of charge.
CONSERVATION AREAS
All trees with a trunk diameter of 75mm measured at 1.5m above ground level within Conservation Areas are protected under Section 211 of the Town and Country Planning Act 1990. Any proposed works to them will require a written notification to the Local Authority six weeks prior to beginning the works. The exception is work on trees that are dead, dying or have become dangerous. It should be noted that it is a criminal offence to carry out works to such trees within a conservation area without giving prior notice to the Local Authority.
TREE PRESERVATION ORDERS
A Tree Preservation Order made under the Town and Country Planning Act 1990 and associated Regulations, makes it an offence to "cut down, top, lop, uproot, wilfully damage or wilfully destroy" a tree without the Local Authority's permission. Where a TPO has been made on a tree, permission must sought of the Local Authority when you intend to undertake any of these ‘works’. An order can cover anything from a single tree to woodlands. All types of trees, including hedgerow trees can be covered but not hedges, bushes or shrubs.
There are exceptions where permission to carry out works to a protected tree is not required, such as where the tree is dead, dying or dangerous. Work which is not exempt and which is carried out without the Local Authority's formal consent is illegal. They may prosecute offenders and if convicted, the Magistrates Court may impose fines of up to £20,000 for each tree.
When is the best time to prune my tree?
The more we understand trees, the more we realise there is really no 'ideal' time to interfere with trees at all! Research shows that trees are ‘busy’ doing something at all times of the year, whether that is producing pollen and fertilizing the immature seeds, breaking bud, producing leaves, fruiting, or storing energy for the following spring. During the autumn and winter, trees are just as busy underground, extending their network of roots. As a general rule, pruning should be avoided during the time of leaf or needle production and at the time of leaf or needle fall. Diseased, dying or wood which could be a hazard on otherwise healthy older trees can be removed at any time.
Some trees are best pruned when in full leaf. Reasons for this vary, but are mainly to avoid bleeding, disease or over vigorous new growth. Maple, beech, birch, hornbeam, laburnum and walnut should be pruned while in leaf or just after leaf fall. Magnolia is best pruned in high summer to avoid unsightly sap “bleed”.
In some species disease risk is reduced or avoided by summer pruning. Prunus species are at a lower risk of infection from 'silver leaf' in summer, and some poplars are at lower risk of canker because their wounds heal quicker in summer. In any other healthy tree, corrective pruning to raise hanging branches, or removing weak growth may simply be easier to assess while the tree is in full leaf.
When is the best time to plant trees?
If ‘getting the tree in’ is your priority, container-grown trees can be planted at more or less any time of year, but will need good, regular watering after planting to ensure good establishment. By planting in the autumn you can let Mother Nature do all the hard work for you when it comes to watering, and your tree gets the whole autumn, winter and following spring to really get its roots 'dug in' before the onset of the hot, dry summer. This gives it the best possible start in its new surroundings.
Your tree will survive spring planting but is more likely to suffer from drought than if planted in the autumn or early winter. Birch and beech, especially, are bad risks if planted after the end of February. Try to avoid planting on days with frosty or cold windy weather. Hard frost is most likely in January and February. So, October to March or April is generally the best time to plant a fully hardy deciduous tree, but preferably planting should be done before Christmas.
Evergreens are best planted either early or late in the season, when their roots are somewhat active. Spring planting should take place when the soil has begun to warm and the first flush of new growth occurs.
Avoid planting in sunny, windy, drying weather. Choose cloudy and drizzly weather if possible. Be sure to firm up your tree by treading in well, and remember to stake the tree well to minimise the risk of uprooting in winter gales. Repeat firming in if hard frosts or storms occur in the weeks after planting.
How big will my 'conifer' grow?
The group of plants known as 'Conifers' includes a vast range of beautiful and ornamental trees, but many people have cultivars of trees such as Chamaecyparis lawsoniana (Lawson Cypress), or x Cupressocyparis leylandii (Leyland Cypress), often planted in small gardens or as hedges. Growing at up to 90cm (3ft) a year, they make very good evergreen hedging plants, providing they are trimmed twice a year. When neglected they will quickly turn into a monster. Neither of these trees have yet stopped growing in the UK, and the largest is over 30 metres tall. Given a huge amount of space, these trees can be beautiful: given the average garden they are nothing but trouble, and we are forever being paid to remove them from people's gardens. Often, trees sold as 'dwarf' conifers are anything but! They are just slow growing cultivars of the above species. Many neighbours have found that 'hedges' planted in the 1970s have become real problems, and it is important to consider the ultimate possible size of the tree that you plant in your garden.
On 1st June 2005 new legislation (Part 8 of the Anti-social Behaviour Act 2003) came into effect that will require everyone with a high hedge to consider the affect such hedges have on their neighbours. Our advice would be to consider planting one of the many other, far more suitable, evergreen species in your garden. For example; Yew (Taxus baccata), Holly (Ilex aquifolium) and Holm Oak (Quercus ilex).
What can I do about my neighbour's tree or hedge which overhangs my garden?
In the UK, you have a legal right to cut back anything that overhangs into your boundary, as otherwise it is causing a legal 'nuisance', but by law you must return (or offer to return) anything that you do cut back into their garden. Any fruits etc. that land in your garden become your property, however, and you can do what you want with them.
Your neighbours are not allowed to come into your property to cut their trees or hedges without your permission. That is likely to be trespass.
The best advice would be to consider talking to your neighbour, and seeking an amicable agreement. This would be the best and easiest solution all round.
What can I do about my neighbour's hedge that blocks out the light to my house?
On 1st June 2005 new legislation (Part 8 of the Anti-social Behaviour Act 2003) came into effect that will require everyone with a high hedge to consider the affect such hedges have on their neighbours. If you think that a high hedge is adversely affecting the reasonable enjoyment of your property, home or garden, you can make a complaint to your Local Planning Authority (LPA). The LPA will assess whether the hedge is "adversely affecting your reasonable enjoyment of your property", taking into account all relevant factors including your interests, those of the hedge owner, and the interests of the wider community.
You can complain about a hedge if:-and also providing
- it is growing on land owned by someone else
- it is acting to some degree as a barrier to light or access
- the hedge, or the part which is causing problems, is made up of a line of 2 or more trees or shrubs
- the hedge is mostly evergreen or semi-evergreen
- it is more than 2 metres tall
- even though there might be gaps in the foliage or between the trees or shrubs, the hedge is still capable of obstructing light or views.
Problems relating to root activity (e.g. subsidence, roots taking moisture from the soil and affecting other plants and blocking of drains) are excluded from the legislation.
- you are the owner or occupier of the property affected by the hedge
- the property is residential
Before investigating the complaint, the LPA must be satisfied that the hedge is covered by the legislation and that you have exhausted all other avenues for resolving the problem yourself. You should have spoken to your neighbour about the problem the hedge is causing you, in an attempt to come to a reasonable resolution. If this has not worked, your LPA would recommend you consider contacting a mediation service to try to resolve the matter (for example: www.mediationuk.org.uk).
The LPA can only deal with your case if you can demonstrate that you have tried to resolve matters with your neighbour, and that you are approaching the LPA as a last resort.
Please note that the advice given above is for guidance only and is not a statement of the law. You should consult a solicitor if you are unsure of your legal rights or obligations.