Welcome to Environment and Planning
Trees - frequently asked questions
- Who do I contact about trees on council land?
- My neighbour's tree encroach over my boundary. Can I cut them back?
- My neighbours have a very large hedge. What can I do about it?
- I am worried that tree roots are damaging my property. What should I do?
- Tree roots are blocking my drains. What can I do?
- Are there any controls on the type of tree I can plant in my garden?
- I have a tree that I feel is dangerous but the council offices are closed. Who do I contact?
Caring for your trees
- My tree needs pruning. What should I do?
- When should I prune my tree?
- Can you recommend a tree surgeon or tree consultant?
- How can I tell if my tree is safe?
- My tree doesn't look very healthy. Can the council advise me?
- My tree has a fungus growing on it. Does this make the tree unsafe?
- My tree drops a sticky substance. What can I do about it?
Protected trees
- What is a tree preservation order?
- What is a conservation area?
- What types of trees are protected?
- How can I get a tree protected by a tree preservation order?
- How do I apply for consent to carry out work to a protected tree?
- Can I appeal against the council's decision if my application to carry out work is refused?
- Will the council pay for my protected tree to be pruned?
- Can I claim compensation from the council if a protected tree causes damage?
- 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?
- I think my tree is dead. Can I remove it?
- What is a felling licence and when do I need to apply for one?
- Can protected trees be felled to enable development to take place?
- How do I protect trees that are to be retained as part of a development?
- What should I do if I think someone has damaged
or felled a protected tree?
Trees and property:
1. Who do I contact about trees on council
land?
Telephone 0151 443 2281 and your concern will
be dealt with accordingly.
2. My neighbour's tree encroach over my boundary. Can I cut them
back?
Your common law rights allow you to remove
branches that cross over your boundary, without your neighbour's
permission. 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. We
advise you to notify your neighbour of your intentions first.
If a tree is protected by a tree preservation order or located
within a conservation area, the common law right is removed and you
will need to ask the council for permission before undertaking any
work.
3. My neighbours have a very large hedge. What can I do about
it?
New legislation allows the council to
consider complaints about high hedges under the
Anti-social Behaviour Act 2003. Visit the Communities and Local Government website for further
information.
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4. I am worried that tree roots are damaging my property. What
should I do?
Tree roots may cause direct damage or
indirect damage. Direct damage is when the physical expansion of
roots lift paving stones and crack walls. Due to the weight of a
house, no amount of physical expansion will affect it, but garden
walls and small structures (garages, outbuildings) may be at risk.
Indirect damage is when large structures (houses) which are sited
on clay soils can be affected by a tree's removal of moisture and
this can lead to subsidence. Contact the council on 443 2281 for
further advice.
5. Tree roots are blocking my drains. What can I do?
It is unusual for roots to break drains and associated pipe work.
However, if an old pipe with poor joints is leaking into the
surrounding soil this will attract roots, which will then exploit
the existing weakness. Replacement of faulty drains/pipes with
modern materials will usually eliminate the leak and stop problems
from happening again.
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6. Are there any controls on the type of tree I can plant in my
garden?
No, but you should consider the following:
- How much space is available? It is always best to make sure there is enough room for the tree to grow.
- Are there any overhead wires or obstructions?
- Where is the tree in relation to the property?
- A new tree to the south or west may block afternoon or evening sun. A tree to the north will not restrict direct light.
7. I have a tree that I feel is dangerous but the council offices
are closed. Who do I contact?
In an emergency,
contact 443 2400. Necessary action will then be taken to remove the
danger.
Caring for your trees:
1. My tree needs pruning. What should I do?
Pruning
disrupts the natural state of the tree and in many cases it is best
not to prune at all. If you feel you must prune your tree you
should check that the tree is not covered by a tree preservation
order or in a conservation area before carrying out the
following:
- Crown lifting, which is the removal of branches from ground level to a specified height, producing a clear stem. Removal of branches bigger than a third of the tree stem can create a weakness on the tree, so are best avoided.
- Crown thinning, which is the thinning of the overall canopy of the tree by no more than 20 per cent. The tree will remain the same size but the canopy will allow more light to penetrate.
- Deadwooding, which is removing the deadwood from a tree and this can be beneficial. But in woodlands or veteran trees, leaving deadwood as a habitat is better as long as it doesn't pose a safety risk.
2. When should I prune my tree?
Trees should be
pruned when dormant (November to February). Certain species, such
as cherry, should be pruned in the summer. Avoid the period
when the tree is coming out of the dormant period. Incorrect
pruning during late March, April and May can cause 'bleeding' where
the rising sap weeps from the tree, disrupting its natural balance
and causing stress. You should consult a professional tree surgeon
for further advice. (It is important not to disturb nesting birds
or hibernating bats).
3. Can you recommend a tree surgeon or tree
consultant?
The council does not have a recommended list but we have listed
surgeons and consultants in the area. This list is for
information only. You can also contact the Arboricultural
Association on 01794 368717.
Urban Forestry Group, Runcorn - 01928 714506 - www.urbanforestry.co.uk
Euro Tree Services, Cronton - 0151 424 0333
Liverpool Tree Care Services - 0151 727 0136
Andrew Harker Associates - 0800 0962595
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4. How can I tell if my tree is safe?
Such
assessments are best made by a qualified expert. Contact the
Arboricultural
Association on 01794 368717 or contact the council's
development quality section on 443 2281.
5. My tree doesn't look very healthy. Can the council advise
me?
If your tree is covered by a tree preservation
order or you live in a conservation area the council can advise you
on the health of your tree. Contact us on 443 2281.
Otherwise, you should contact the Arboricultural
Association on 01794 368717.
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6. My tree has a fungus growing on it. Does this make the tree
unsafe?
There are many types of fungi that affect wood and it often means
there is a wider problem.It is a valuable tool in diagnosing what
may be wrong with your tree. You should contact an expert to help
you identify the problem. A full list of consultants is available
from the Arboricultural
Association on 01794 368717. If you are worried about
your children coming into contact with the fungus, contact the
council to arrange a site visit.
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7. My tree drops a sticky substance. What can I do about
it?
Some trees are susceptible to aphids that feed on
the sap through veins on the leaves. There is very little that can
be done and spraying is often not practical. 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.
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Protected trees:
1. What is a tree preservation order?
A tree
preservation order (TPO) protects trees that are particularly
attractive and contribute to the appearance of an area. They are
made by the council when trees are under threat of being cut down
or damaged. It is illegal to cut down, prune or damage a tree
protected by a TPO without the council's consent. The unauthorised
lopping or felling of a tree carries a fine of up to
£20,000.
2. What is a conservation area?
It 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, so are given special protection. Contact 443
2281 to find out the protected status of trees in your area.
3. What types of trees are protected?
Any tree, including fruit trees, can be protected by a tree
preservation order (TPO).
4. How can I get a tree protected by a tree preservation
order?
The council can only apply for a tree preservation order (TPO) 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 on 443 2281.
5. How do I apply for consent to carry out work to a protected
tree?
You should contact us in the first instance so
that we can advise you on alternative works that will solve the
problem. It usually takes six weeks from the receipt of your
application until a decision is made.
6. Can I appeal against the council's decision if my application to
carry out work is refused?
Appeals are dealth with
independently by the Government Office for the North West (GONW).
Appeal forms are available from GONW. The council will
prepare a report outlining its case for refusal and you will
prepare your case for wanting to carry out the work. The
information is assessed and an independent arboriculturalist will
visit the site to inspect the tree and make a recommendation to the
Secretary of State. A decision will then be made and both parties
will be informed of the decision.
7. Will the council pay for my protected tree to be
pruned?
No. All landowners are responsible for
ensuring your trees are safe and any pruning costs will be at the
landowners expense.
8. Can I claim compensation from the council if a protected tree
causes damage?
All landowners are responsible for ensuring trees are safe
regardless of whether or not they are covered by a tree
preservation order. Healthy trees do sometimes fall down, and it is
worth checking with your houshold insurance and/or have an
independedt report done on the risk they may present to the
property. If permission is refused to remove a tree causing damage
to drives or walls you may only claim 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 on its own merits.
9. 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?
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 may pose a
risk, contact a tree consultant who will advise you on what you may
remove from the tree to make it safe.
10. I think my tree is dead. Can I remove it?
Any protected tree that is dead, dying or dangerous can be removed
without submitting an application. However, the onus of proof rests
with you. If you plan to remove such a tree, we advise you to
contact us with five days notice. We will make a site visit to
check that the tree is dead.
11. What is a felling licence and when do I need to apply for
one?
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 are available from the Forestry Commission.
12. Can protected trees be felled to enable development to take
place?
If they are not subject to a tree preservation
order (TPO) or in a conservation area, they may be removed without
the council's permission. However, if we receive an
application to develop on land affected by a TPO or conservation
area, the impact on the trees will be part of the whole assessment
of the proposal. We will look at details such as the proximity of
the proposed buildings, health and stability of the trees and their
contribution to the character of the area. If the development looks
likely to threaten healthy, stable and significant trees, the
council may consider creating a TPO to safeguard the trees.
13. How do I protect trees that are to be retained as part of a
development?
Fencing should protect them before
development commences and the protection should remain throughout
the development. British Standard 5837:1991 (Trees and Development)
provides detailed information on the correct construction and
position of the fencing required or you can
download this leaflet.
14. What should I do if I think someone has damaged or felled a
protected tree?
Contact the Arboricultrual Officer on 443 2281 who will check to
see if they are undertaking permitted work. If there is no
record of work taking place we will try to inspect them within 24
hours of the initial enquiry.
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