Trees Some Frequently Asked Questions The Following Information

trees - some frequently asked questions the following information provides details to questions frequently asked about trees. the topics are

Trees - Some Frequently Asked Questions
The following information provides details to questions frequently
asked about trees. The topics are in three main categories. Click on a
category below, or scroll down to the information you require:
1.
Trees and Property
*
Trees on Council Property
*
Trees overhanging boundaries
*
Trees blocking light
*
Problems with high hedges
*
Tree roots and buildings
*
Tree roots and drains
*
Tree roots and paving
*
Planting new trees
*
Out of Hours Emergencies
2.
Caring for your Trees
*
Pruning trees
*
When to prune trees
*
Where to contact a tree surgeon or consultant
*
How can I tell if my tree is safe ?
*
Advice on unhealthy trees
*
Fungus on trees
*
Disposing of wood and leaves
*
Trees that drop a sticky residue
*
Finding out more about trees in the Borough
*
3.
Protected Trees
*
What is a Tree Preservation Order?
*
What is a conservation area?
*
What types of trees are protected?
*
Finding out if your tree is protected
*
How can I get a tree protected ?
*
How do I get consent to carry out work on a protected tree?
*
Appeals against the Council's decision
*
Is there a charge for making an application?
*
Will the Council pay for my protected tree to be pruned?
*
Compensation for damage caused by protected trees
*
Responsibility for protected trees
*
Dead protected trees
*
What is a felling licence, and when do I need one?
*
Protected trees and development
*
Damage to protected trees
Trees and Your Property
I have concerns about a tree on council land, who should I contact?
The Council is responsible for a large number of trees and views them
as an integral part of the borough’s character. Should you wish to
contact the Council regarding trees within their ownership they can be
contacted on the following numbers: -
Trees within the boundary of a property: -
If the property is owned by a Housing Trust you need to contact them
directly (unless the tree is covered by a Tree Preservation Order in
that case you will need to contact the council’s Arboricultural Team)
Trees on the Highway, Open Space or within Parks: -
Contact the Arboricultural Team on 0151 443 2043 or email
[email protected]
Trees on school land: -
Contact the school directly in the first instance.
My neighbour's trees encroach over my boundary, can I cut them back?
Your Common Law rights allow you to remove branches that cross over
your boundary without the need to seek your neighbour's permission.
Notifying your neighbour of your intentions is always advisable.
However, you must not cross the boundary to do so. For example,
leaning a ladder over the boundary to rest against the trunk of the
tree could be classed as trespass. You should not dispose of the
branches or any other waste material from the tree over your fence
into your neighbour's garden, but first ask your neighbour if they
wish to have the material returned to them. If they don't want it, it
will be your responsibility to dispose of it. If a tree is protected
by a Tree Preservation Order, or because it is located within a
Conservation Area, the Common Law right is removed and you will need
to seek formal permission from the Council before undertaking work to
living parts of the tree.
My neighbour's trees are blocking my light, what can I do?
Technically your neighbour only has a duty to ensure their trees are
safe. There is currently no height restriction on individual trees. If
you have concerns regarding a tree ask your neighbour how they intend
to maintain it: you may be able to cut the overhanging branches back
to the boundary. However, before either you or your neighbour
undertakes works to any trees it is important to check the trees are
not covered by a Tree Preservation Order, or located within a
Conservation Area. For further information you can contact the
Council's Planning Department on (0151) 443 2281 or email
[email protected]
My neighbours have a very large hedge, what can I do about it?
The law giving local councils powers to deal with complaints about
high hedges is contained in Part 8 of the Anti Social Behaviour Act
2003 ("the Act") and the High Hedges (Appeals) (England) Regulations
2005 ("the Appeal Regulations").
It makes provision for local councils to determine complaints by the
owners/occupiers of domestic property adversely affected by evergreen
hedges over 2 metres high. The council is able to charge a fee for
this service, to be paid by the complainant. Knowsley Council’s fee is
currently set at £320 + VAT.
The law does not require all hedges to be reduced to, or maintained
at, a height of 2 metres.
The role of the council is to act as an independent and impartial
third party. They do not negotiate or mediate between individuals, but
will adjudicate on whether the hedge is adversely affecting the
reasonable enjoyment of the complainant's property. In doing so, they
will take account of all views and relevant factors - including the
hedge owner's amenity and that of the wider neighbourhood. They will
assess each case on its particular merits.
Councils may also reject the complaint if they consider that
insufficient effort has been made to resolve the matter amicably, or
that the complaint is frivolous or vexatious.
The council may, if they consider the circumstances justify it, issue
a notice requiring the owner or occupier of the land where the hedge
is situated, to take action to remedy the problem, for example,
reducing the height of the hedge and maintaining it at the lower
level, to prevent it recurring. This is known as a "remedial notice".
Any remedial notice may be enforced through criminal prosecutions
and/or by the council entering the land and carrying out the necessary
work if the owner or occupier fails to do so.
I have a big tree near my property, I am worried about the damage the
roots may be doing to my house, what should I do?
Tree roots may potentially cause damage to built structures in two
ways:
*
Direct Damage - This is when the physical expansion of tree roots
lifts paving stones, cracks walls etc. Due to the weight of a
house no amount of physical expansion will affect it - but garden
walls and small structures such as garages or outbuildings may be
at risk.
*
Indirect Damage - Large built structures including houses which
are sited on clay soils can be affected by a tree's removal of
moisture. Clay soil shrinks as water is extracted from it and this
can lead to subsidence. If a building has been built on clay soil
near an existing tree, and that tree is then removed, the soil may
expand which can cause heave. The risk of such damage may be
greater with older properties. Modern building standards mean that
the risk to newer buildings is less.
Tree-related subsidence is usually seasonal, with cracks appearing in
the summer months as the tree uses the water, and then closing in the
winter months as rain wets the soil. Knowsley has a low incidence of
clay soil and the risk of tree related subsidence/heave is low.
However, direct damage to shallow footed structures may occur whatever
the soil type.
The tree roots are blocking my drains, what can I do?
It is very unusual for roots to physically break drains and associated
pipe work. However, tree roots are opportunistic and if an old pipe
with poor joints is leaking into the surrounding soil this will
attract the roots that may then exploit the existing weakness. Then,
when repairs are required, a proliferation of tree roots often leads
to the blame being placed with a nearby tree. However replacement of
faulty drains/pipes with modern materials will usually eliminate the
leak and stop problems from reoccurring.
A tree is lifting paving slabs/ affecting my drive - can I cut the
roots of a protected tree?
Cutting the roots of any tree is generally ill-advised as it may
affect the tree's health and stability. If a tree is covered by a Tree
Preservation Order, or if it stands in a Conservation Area an
application will be required before root pruning can take place. The
application form is available here
Are there any controls on the type of tree I can plant in my garden?
There are no controls on the type of tree that can be planted in your
garden. However, a number of points are worth considering.
*
How much space is available? It is always best to ensure the space
is sufficient to accommodate the future growth of the tree.
*
Are there any overhead wires or obstructions?
*
In what position is the tree in comparison to the property? A new
tree to the south or west may block afternoon or evening sun,
while a tree to the north will not restrict direct light from
entering the building.
I have a tree that I feel is immediately dangerous and the council
offices are closed, who do I contact?
Should a tree-related incident occur outside office hours, that will
not wait until the council offices are next open, the Council has an
emergency telephone number, which is 0800 023 2334. They will then
respond to the incident and take any necessary action to remove the
danger
Caring for your Trees
My tree needs to be pruned, what should I do?
In many cases the best form of tree management is not to prune at all.
Pruning disrupts the natural state of the tree and also creates
opportunities for decay fungi to enter the tree. If you feel you must
prune your tree it is best to mimic nature. Crown reduction (i.e.
making a tree smaller in size by overall pruning) is generally a bad
form of tree management, as it is very unnatural for the tree and
often stimulates vigorous re-growth. If you feel you must prune your
tree then decide what you want to achieve first and only carry out
work that will do this. Such work should normally take the form of:
*
Crown Lifting - The removal of branches from ground level to a
specified height, usually expressed in meters and ultimately
producing a clear stem. It is important that no branches bigger
than 1/3rd the size of the associated tree stem are removed, as
such wounds can create a weakness on the tree.
*
Crown thinning - This is the thinning of the overall canopy of the
tree usually by no more than 20%. The tree will remain the same
size but the canopy will be thinner, allowing more light to
penetrate. Such work is unlikely to stimulate vigorous regrowth.
*
Deadwooding - Removing the deadwood from a tree is generally
beneficial. However, in certain cases, such as trees in woodlands
or Veteran Trees, it may be better to leave the deadwood as a
habitat providing it does not pose a safety risk.
Before undertaking any work it is worth checking to see if the tree is
covered by a Tree Preservation Order or stands in a Conservation Area.
For further information you can contact the Council's Planning
Department on (0151) 443 2281 or email [email protected]
When should I prune my trees?
Ideally trees should be pruned when dormant (Nov-Feb). However,
certain species should be pruned in the summer, for example Cherry.
Avoid the period when the tree is coming out of the dormant period.
Incorrect pruning during late March, April and May can induce
'bleeding' where the rising sap weeps from the tree. This can severely
stress the tree, disrupting its natural balance at a very important
time. If you have concerns about the work you intend to do consult a
professional tree surgeon. It is also important not to disturb nesting
birds or roosting/hibernating bats. If you have any queries concerning
wildlife contact the Environmental Advisory Service on Tel: (0151) 934
4954 or email [email protected]
Can you recommend a tree surgeon or tree consultant?
Details of tree contractors or tree consultants are available from the
Arboricultural Association on 01242 522152 or email [email protected].
How can I tell if my tree is safe?
Such assessments are best made by qualified experts. Details of tree
consultants are available from the Arboricultural Association on 01242
522152 or email [email protected].
My tree doesn't look very healthy can the Council advise me? If not
where else can I seek advice?
If your tree is covered by a Tree Preservation Order or you live in a
Conservation Area the Council will be able to advise regarding the
health of your tree. The cost for the Council to assess your tree and
give you guidance is currently set at £55 + VAT. Otherwise, if you are
concerned about the health of your tree, you should contact an
Arboricultural Consultant. A full list is available from the
Arboricultural Association on 01242 522152 or email [email protected].
My tree has a fungus growing on it, does this make the tree unsafe?
There are many types of fungi that affect wood. They are often
indicative of a wider problem and are a valuable tool in diagnosing
what may be wrong with your tree. Removing fungal fruiting bodies from
trees will not get rid of the fungus since it is usually by this stage
well established within the tree. If you find fungi growing on your
tree call an expert to help identify the potential problem. If you are
worried about your children coming into contact with the fungus
contact the Council to arrange a site visit. A full list of
Arboricultural Consultants is available from the Arboricultural
Association on 01242 522152 or email [email protected]
My tree drops a sticky substance, what can I do about it?
Certain species of trees are susceptible to aphids that feed on the
sap through veins on the leaves. Because the sap has a very low
nutritional content the aphids must feed on a very high volume and
they discharge the excess as a sticky sugar solution while they are
feeding. There is very little that can be done to resolve the problem.
Spraying is often not practicable. Fortunately, the sugar solution is
only a mild one and should not affect paintwork on cars, if the car is
washed at regular intervals. Regular washing will also help to prevent
a growth of sooty mould on the sugar solution deposits which can
develop over time.
Protected Trees
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a special form of control that
applies to certain trees. TPOs are used to protect trees that are
particularly attractive and contribute to the appearance of an area.
It is illegal to cut down, prune, or otherwise damage a tree protected
by a TPO without the Council's consent. The unauthorised lopping or
felling of a tree is a serious criminal offence and can result in a
fine of up to £20,000. TPOs are made by the Council when trees are
under threat of being cut down or damaged.
What is a Conservation Area?
A Conservation Area is an area of special architectural or historic
interest, the character or appearance of which it is desirable to
preserve. Trees often make an important contribution to the appearance
of Conservation Areas, and so are given special protection. The
penalties for unauthorised felling or lopping of trees in Conservation
Areas are the same as for trees protected by TPO.
What types of tree are protected?
Any species of tree, including fruit trees, can be protected by a Tree
Preservation Order although the protection of fruit trees by an order
is rare. If a tree is healthy and stable, visible from a public place
and potentially under threat it is a candidate for a Tree Preservation
Order, regardless of species. Permission is required for the pruning
or felling of any tree within a Conservation Area greater than 7.5cm
in diameter (as measured at 1.5m above ground level).
How do I find out which trees are protected by a Tree Preservation
Order or Conservation Area?
If you wish to find out the protected status of any tree please
contact us at [email protected]
How can I get a tree protected by a Tree Preservation Order?
The Council will only apply a Tree Preservation Order if it can be
demonstrated that the tree is under threat. If this is the case and
the tree looks healthy and stable, is visible from a public place and
its removal would significantly harm the appearance of the area,
please contact the Council at [email protected] We will then
look at the tree to see if it is worthy of protection and advise you
accordingly.
How do I apply for consent to carry out work to a protected tree?
A downloadable application form is available here. However, if you
wish to undertake felling or crown reduction it may be advisable to
discuss your proposals with us prior to submitting the application. We
may be able to advise you on alternative works that will solve the
problem, but that will not conflict with our policies on tree
protection. It usually takes six weeks from the receipt of your
application until a decision is made.
Can I appeal against the Council's decision if my application to carry
out work is refused?
Appeals are dealt with independently by the Planning Inspectorate.
Guidance and Application forms can be accessed here.
Is there a charge for making an application?
There is no charge for making a Tree Preservation Order or
Conservation Area Application. Appeals against decisions made are also
free of charge.
Will the Council pay for my protected tree to be pruned?
The Council will not pay for works to protected trees. All landowners
are responsible for ensuring their trees are safe and any pruning work
required will be at the landowner's expense.
Am I able to claim compensation from the Council if a protected tree
causes damage?
All landowners are responsible for ensuring their trees are safe
regardless of whether they are covered by a Tree Preservation Order or
not. Healthy trees do sometimes fall down and it is worth checking
your household insurance and/or having an independent report done on
the risk they might present to property. Such a report can be compiled
by an Arboricultural Consultant. A full list is available from the
Arboricultural Association on 01242 522152 or email [email protected]
.
If permission is refused to remove a tree causing damage to drives,
walls etc. you may only claim compensation for the damage that occurs
in the 12 months following refusal. You will need to have the problem
fixed and then bring a claim within 12 months. We will treat each
claim for compensation on its own merits.
Will the Council accept responsibility for my tree if I am not allowed
to cut it down and then it causes damage to my neighbour's property?
Although damage from subsidence and heave or to drains is very
unlikely, property can be at risk if a tree becomes diseased or is
damaged in bad weather. If the Council refuses permission to fell a
protected tree, it has been assessed and deemed safe at the time of
application. However, trees do change over time and they are the
responsibility of the landowner regardless of any Tree Preservation
Order. If you are worried about the condition of your tree and feel it
poses a risk contact a tree consultant. He or she will advise you on
what you may remove from the tree in order to make it safe.
I think my tree is dead - can I remove it?
Any protected tree that is dead, dying or dangerous can be removed
without the need to submit an application. However, the onus of proof
rests with you. If you plan to remove such a tree it is advisable to
provide us with five days notice. We will then make a site visit to
check that the tree is dead, dying or dangerous and if this is the
case, it can be removed.
What is a felling licence, and when do I need to apply for one?
The Forestry Commission controls the quantity of timber that can be
felled at any time, by issuing felling licences. However, trees in
private gardens are exempt from this control.
A felling licence is required for the felling of relatively small
volumes of wood (5 cubic metres may be felled in any calendar quarter
without a licence, as long as no more than 2 are sold). Application
forms for felling licences are available from the Forestry Commission
(0300 067 4000).
Can protected trees be felled to enable development to take place?
If trees are not the subject of a Tree Preservation Order or do not
exist within a Conservation Area they may be removed without the
Council's permission. However, if an application is received to
develop on land affected by a Tree Preservation Order or Conservation
Area the impact on the trees will be part of a whole assessment of the
proposal. We will take into account details such as the proximity of
the proposed buildings, the health and stability of the trees, their
contribution to the character of the area and the value in retaining
them. If a site is not the subject of a Tree Preservation Order and a
development looks likely to threaten healthy, stable and visually
significant trees, the Council may consider creating a Tree
Preservation Order in order to safeguard the trees.
What do I do if I think someone has damaged or felled a protected
tree?
Contact us on 0151 443 2043 or email [email protected]. We can
check to see if they are undertaking permitted work. If we have no
record of work taking place, and the trees appear to be protected we
will try to inspect them within 24 hours of the initial enquiry, and
often much sooner.
.