Trees and your property
Caring for your trees
Protected trees
Trees and your property
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 unless your neighbour or the landowner gives you permission. 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 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 the work.
Technically your neighbour only has a duty to ensure their trees are safe. There is currently no height restriction on 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 Tree Section on (01274) 434297 or email trees@bradford.gov.uk.
The high hedges legislation was introduced on 1 June 2005 under Part 8 of the Anti-social Behaviour Act 2003 and applies to evergreen and semi-evergreen hedges of over 2m in height. Information relating to this matter - including three leaflets - may be viewed on the Department for Communities and Local Government's website. The legislation provides for those who feel that a neighbour´s hedge is hindering the reasonable enjoyment of their property to submit a formal complaint to the Council. The Council will then investigate the matter and may, if considered appropriate, serve a notice on the hedge owner requiring them to reduce the hedge in height.. The complaint form is available by request from the Trees section 01274 434297. In most cases a £100 refundable fee is applicable. In most cases, it is possible for neighbours to agree upon a course of action between them without a formal complaint being necessary. This is certainly the preferable approach for all concerned. If you are unable to reach agreement with your neighbours, try contacting a local mediation service.
Tree roots may potentially cause damage to built structures in two ways:
Direct damage – is caused when the physical expansion of tree roots or stem lifts paving stones or 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 might be at risk.
Indirect damage – can be caused to larger structures such as houses when trees roots grow underneath the foundations, extract the water there causing clay soils to shrink and the structure to subside. 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 (like the opposite of subsidence). Modern building standards mean that the risk to newer buildings tends to be isolated and the council will expect new buildings to be built to industry guidance and therefore they should not subside due to trees that were in existence at the time they were built. It must be noted that tree related subsidence is fairly rare in the Bradford District because there are few areas of the highly shrinkable clay needed to cause significant structural problems to houses. However, should you believe that trees are the cause of cracking to property then you should consult with your insurers to determine the probable cause.
There are no consistent rules of thumb or credible guidance as to how close trees need to be to cause possible damage although there is such on the internet which the council has found to be quite misleading. Many trees and houses co-exist happily very close to each other.
It is very unusual for roots to physically break drains and associated pipe work. However, tree roots can be 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. Again if you believe tree roots have caused damage to structures you should consult your insurers.
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 for download here.
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 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.
Caring for your trees
In many cases the best form of tree management is not to prune at all because pruning can disrupt the natural state of the tree and also creates opportunities for decay fungi to enter and cause disease. If you feel you must prune a 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 and will not normally be supported by the council as it is very unnatural for the tree, often stimulates vigorous regrowth and can spoil the shape and amenity of the tree. 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 metres 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 weaknesses in 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.
Dead-wooding - Removing the dead-wood from a tree can be beneficial and if the tree is protected requires no consent from the council.
Before undertaking any work it is necessary to check whether the tree is covered by a Tree Preservation Order or stands in a Conservation Area. This information is available from the Tree Section on (01274) 434297 or email trees@bradford.gov.uk or check on the online maps.
Traditionally trees are pruned during the dormant season (November - February) although there is no ideal time for tree pruning to occur. However pruning should definitely be avoided just before leaf fall and just before bud bust (on deciduous trees) because pruning at this time can reduce tree energy reserves and 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 Countryside Officer on Tel: (01274) 432425.
Ivy uses trees for support but does not feed on the tree. Generally healthy trees will not allow ivy to become fully established. However, as trees age their crowns may begin to allow more light to penetrate. In such situations the extra light can stimulate growth in the ivy at the expense of the tree which subsequently declines.
Ivy tends to establish itself in deciduous trees. These trees lose their leaves in winter, to lower their wind resistance. But because ivy is evergreen, it raises the wind resistance and increases its weight which means that the tree is more likely to suffer damage in stormy conditions.
In addition, the presence of ivy can hinder tree inspections and may conceal serious defects in a tree. To remove ivy from the tree you will need to cut away a section about an inch in length further down to isolate the growth towards the top of the tree. This will then die back and fall away or can be pulled from the tree.
Such assessments are best made by qualified experts however this is not a service that is currently offered by the councils arboriculturists. Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association or by phoning (01794) 368978.
Local tree contractors and consultants will be able to offer advice on the health and management of trees however this is not a service that is currently offered by the councils arboriculturists. Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association or by phoning (01794) 368978.
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. They are also an invaluable habitat for rare insects and beetles and should not be removed from the 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. Details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association or by phoning (01794) 368978.
If you require information on control of grey squirrels contact a local pest control firm. You can find details in the Yellow Pages.
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 (honeydew) 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
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. Should trees be illegally felled to facilitate a development the fine can be raised to the cost of the development. TPOs are made by the Council when trees are under threat of being cut down or damaged.
An Area (or 'blanket') Tree Preservation Order protects the trees located within an area defined on a map. An Area TPO applies to all the trees that were in existence at the time the TPO was made, so it is often necessary to establish the age of a tree to know whether or not it is protected by an Area TPO. The council will occasionally make area orders and then resurvey out the order to cover specific trees at a later date.
A Woodland Tree Preservation Order protects all trees located within the woodland defined on the map. The TPO applies to new trees including saplings and seedlings that subsequently grow even after the order was made to protect the integrity and longevity of the woodland.
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. 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). The penalties for unauthorised felling or lopping of trees in Conservation Areas are the same as for trees protected by TPO.
Any species of tree can be protected by a Tree Preservation Order. If a tree is healthy and stable, visible from a public place or it is considered expedient in the interests of amenity and potentially under threat it is a candidate for a Tree Preservation Order regardless of species. Trees within a Conservation Area are also protected.
Tree Preservation Orders made prior to August 1999 cannot include fruit trees. Since August 1999 (when the Regulations controlling TPOs were changed) fruit trees may be included in TPOs made after that date, but the Council's consent is not required to prune a fruit tree as part of its normal cultivation. A fruit tree is defined as a tree cultivated for the production of fruit, such as apples, pears, plums and cherries. Whilst a number of trees produce 'fruit' that may be eaten (such as walnuts, sweet chestnuts and mulberries), they are rarely cultivated specifically for the production of fruit and would be protected by a TPO. Ornamental crab apple trees, cherry and pear trees are also included.
The Council, when granting Planning permission for development, may require existing trees to be retained as a condition of the Planning permission, even if they are not protected by Preservation Order or Conservation Area. If a tree is located in the grounds of a property that was built or extended within the last five years, it may be protected by Planning Condition. Please contact the Council's Planning Department if you are unsure whether a Planning Condition applies to the trees in your garden.
Find out if the trees at a property are protected by Conservation Area or TPO calling the Tree Section on (01274) 434297 or by viewing the online maps.
The Council will only make 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 or it is expedient in the interests of amenity and its removal would significantly harm the appearance of the area, please contact the Council's Tree Officers at trees@bradford.gov.uk or on (01274) 434297. We will then look at the tree to see if it qualifies for protection by TPO and advise you accordingly.
A downloadable application form is available. The council is allowed eight weeks to formally respond to a TPO application (six weeks for trees in Conservation Areas) however most of the time the response is much quicker. Please do not call before the eight week period elapses as time spent dealing with such enquiries can delay officers dealing with applications.
Appeals are dealt with independently by the Planning Inspectorate who are based in Bristol and can be contacted on 0117 372 8812 or by emailing environment.appeals@pins.gsi.gov.uk. The Council will prepare a report outlining its case for refusal. The appellant also makes written representations outlining the reasons for wanting to undertake the work. The information is then assessed and an independently appointed arboriculturalist visits the site. A decision is then made and the appellant and Council informed of the outcome. There is no charge for this service.
There is no charge for making a Tree Preservation Order or Conservation Area Application. Appeals against decisions made are also free of charge.
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.
If the Council refuses permission to work on a protected tree and damage subsequently occurs that was not reasonably foreseeable a claim for compensation can be made. In such cases the council advise you to seek professional legal advice.
A protected tree that is dead, dying or dangerous is exempt from protection and can be removed without consent and no application need be made. However, the onus of proof rests with the landowner and claims are frequently made that trees are dangerous when in fact that is not the case. If you plan to remove trees triggered by the exemption it is advisable to provide the council with a five days notice of intent which will allow the council to make an assessment and made a decision accordingly. There is a legal duty to plant a replacement tree under these circumstances.
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 or by calling 01223 314546.
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. If a planning application is received to develop land affected by a Tree Preservation Order or Conservation Area the impact on the trees will be assessed as part of the planning process.
Contact the Trees Section on (01274) 434297 or at trees@bradford.gov.uk immediately and we can check to see if the work is authorised and if not take appropriate action. All queries regarding potentially unauthorised works will be dealt with in the strictest confidence.
The loss of branches from trees is not necessarily indicative that there is a problem as usually branch shedding is confined to those branches that were already dead within the crown and limb loss in high winds is usually a natural biological process. However, it can be extremely worrisome and a possible risk to passersby, traffic and property. You should instruct a tree surgeon or consultant to assess the tree for safety and they should advise you how best to proceed which might include pruning to lessen any future potential risk. Please check to see if the tree is protected with the Council first.
All trees sway in the wind and it is a natural process. Coniferous trees tend to move in the wind more than deciduous trees, and it does not necessary mean a tree is going to fall over. Do not be tempted to try and fell a tree in high winds as this can be dangerous. Similarly many trees do lean and this in itself is often not a problem. If you believe your trees are dangerous tree contractors and consultants operating throughout the UK are available from the Arboricultural Association or by phoning (01794) 368978.
