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Tree FAQs (Frequently Asked Questions)

Trees and property

Caring for your trees

Protected trees

Answers to trees and property FAQs

1. Who do I contact about trees on council land?

Telephone 0151 443 2400 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. For further advice contact the Council on 0151 443 2400 or Visit the Communities and Local Government website for further information.

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 2400 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.

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 0151 443 2400. Necessary action will then be taken to remove the danger.

Answers to caring for your trees FAQs

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.
Accordance with British Standards Tree Work Recommendations 3998:2010.

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 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.

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 one of the council's tree officers on 0151 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 0151 443 2281. Otherwise, you should contact the Arboricultural Association on 01794 368717.

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.

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.

Answers to protected trees FAQs

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 2400 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 apply a tree preservation order (TPO) if it can be demonstrated that the tree is under threat and/or the tree looks healthy and stable, is visible from a public place and its removal would significantly harm the appearance of the area. Should you wish a tree to be considered for protection then please contact the council on 0151 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 officer 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 independent 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.

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 5837:2005 (Trees and Development) provides detailed information on the correct construction and position of the fencing required.

14. What should I do if I think someone has damaged or felled a protected tree?

Contact the Arboricultrual Officer on 0151 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.

See also