The owner remains responsible for the trees but you must seek permission before carrying out work unless they are dead, dying, or dangerous. For appropriate help or advise on how the trees should be managed or on how best to carry out any work contact a qualified tree surgeon.
A conservation area is an area of special architectural or historic interest, the character and appearance of which it is desirable to preserve or enhance.
Trees within conservation areas are given special protection because of the contribution they make to an area and unauthorised felling or lopping of trees carries the same penalties as trees protected by a tree preservation order. You will need to apply for consent to carry out works to a tree located in a conservation area.
You can carry out whatever work is needed to make the tree safe. The work must be the minimum needed and additional work will require an application of consent. You must inform us as soon as possible if you have carried out work to a damaged protected tree or if a protected tree has been blown over into your garden. You may be required to replace a protected tree that has been blown down or felled.
If possible take a photograph of the storm damage or get a professional tree surgeon to make a written report, as it will be your responsibility to prove that the work carried out was essential to make the tree safe
Your common law rights allow you to remove any of your neighbours’ branches that cross your boundary without the need to seek your neighbours’ permission, although you may wish to notify your neighbour of your intentions. You should not cross the boundary or dispose of the branches or other material from the tree into your neighbours’ property, but first ask if they wish to have the material returned to them. If they do not want it, it will be your responsibility to arrange disposal.
If the tree is protected by a tree preservation order or is located within a conservation area you will need to seek permission before undertaking work to living parts of the tree.
A tree preservation order protects trees that make an impact on their local surroundings. This is important when trees are in immediate danger.