Legislation
 

I am not going to waffle on about policies and acts for two reasons:
 
  1. It is a very dry subject and boring!
  2. It can constantly change!
What is important is that you get an appreciation of legislation that exists and what it means to you. Many people think of the legislation as something that gets in the way, but don’t forget it is there to protect!
 
Direct Legislation
 
This is legislation that I refer to as being directly applicable to a tree or trees to be worked on. The most common legislation you will come across is:
 
  • Tree Preservation Orders (TPO’s) – Specific to an individual tree and prevent any work being carried out on that tree without permission. Your local authority tree officer will be responsible for TPO’s in your area. You can apply to them to carry out work on a tree that is subject to a TPO but you must be able to justify the proposed work or an application will be refused. The application process can take up to four weeks. Be very careful with TPO trees. Even if the tree has fallen/fractured and/or presents a real danger and is removed, you must be able to provide proof (take photos and have a reliable witness). You can also apply to your local tree officer to have a TPO put on any tree provided it is for a valid reason. TPO’s can be brought into effect immediately (until a final decision is made) under certain circumstances.
 
  • Conservation area – Basically puts any tree within a designate area under the same restrictions as a TPO. Whilst good in many ways conservation areas are obviously very indiscriminate by nature. It is not uncommon to find situation where, for example, a poor specimen Leyland Cypress grows in a within a Conservation area while a mature Oak grows in an adjacent field outside the conservation area. The Oak could be felled where as the Cypress cannot be touched!
 
These are the main two pieces of legislation that will apply but you must be wary of other restrictions that may apply in certain areas (SSI’s etc). The best advice I can offer is to check before you do anything, your local authority tree officer being the best point of initial contact. Authorities will and do prosecute, claiming ignorance is not a valid excuse.
 
These trees cannot be reduced or removed without permission as they are in a tree conservation area. Legislation is very indiscriminate at times although now under duty of care the owner of the property on the left will have a good case to get the trees removed due to the damage being caused to property (Fence/paths/etc).
 
 
These trees cannot be reduced or removed without permission as they are in a tree conservation area. Legislation is very indiscriminate at times although now under duty of care the owner of the property on the left will have a good case to get the trees removed due to the damage being caused to property (Fence/paths/etc).
 
Indirect Legislation
 
Although not pertaining to specific trees other legislation exists that can govern if trees can be worked upon/removed. Some examples are:
 
  • Wildlife and countryside act/protected habitat – The habitat of all manner of creatures is now getting protection. An example of this would be if a tree contained a bat roost. Again the best advice it to check before you cut!
  • Felling licence – If you want to cut down more than five cubic metres of timber or sell more than two meters of the exempt amount you may need a felling licence from the Forestry Commission. For more info check their web site.
 
Duty of Care
 
Legislation that has come into effect in the UK that firmly places the responsibility of a tree on the landowner. If you own land populated by a tree/trees you are directly responsible for its/there maintenance and safety (above and below ground). In reality this means that you must maintain trees and ensure that, as far as practicable, they do not pose any risk or danger. If found guilty of negligence then legal proceedings could be undertaken.
 
What this means if we are ‘owner’s’ of trees is that we must not, within reason, be in a position to foresee that a tree might do damage. If a tree has a defect that represents an unacceptable hazard it is the owner’s responsibility that remedial action be undertaken. My advice is not to panic about this responsibility but to apply some common sense. The obvious action is to carry out inspections at regular intervals and have hazard and risk assessments carried out by a ‘competent’ person periodically.
 
Disposal of Waste
 
It is worth noting that if you employ someone to remove a tree/shrub etc from your property you are directly responsible for its proper disposal. If the contractor removes the waste it is still your responsibility to ensure that it is disposed of properly (i.e. if they’ fly tip’ you could be help responsible).