Who is responsible for informing owner about application to fell their trees?

[Dorset321]

If an application is submitted to council by a neighbour to fell trees in another garden, who is responsible for telling the tree owner? Is there a council responsibility to advise owner at same time as replying to applicant? 

[Gordon S]

UMM...

 

I'm not an expert but..

 

A couple of things spring to mind, if you are in England and have put an application into the council then they will put orange planning notices on lamppost/gates of the property when the tree officer goes to visit the site to allow neighbours an opportunity to comment. Also the tree owners details should be put on the application so they will be copied in on any correspondence.

Going onto a neighbours property without the owners permission to remove a tree will be trespassing. 

 

I think you need to give us some more details and greater minds than mine can comment.

 

Where are you?

Whose tree is it?

Who made the application?

Is it in a conservation area or does it have a tree preservation order.

Why does the tree need to be removed?

Has anything been discussed with the tree owner?

 

[Mark Bolam]

@daltontrees Jules can you advise?

 

As a contractor I wouldn’t go near the trees without the owners permission.

[Stubby]

10 hours ago, Gordon S said:

UMM...

 

I'm not an expert but..

 

A couple of things spring to mind, if you are in England and have put an application into the council then they will put orange planning notices on lamppost/gates of the property when the tree officer goes to visit the site to allow neighbours an opportunity to comment. Also the tree owners details should be put on the application so they will be copied in on any correspondence.

Going onto a neighbours property without the owners permission to remove a tree will be trespassing. 

 

I think you need to give us some more details and greater minds than mine can comment.

 

Where are you?

Whose tree is it?

Who made the application?

Is it in a conservation area or does it have a tree preservation order.

Why does the tree need to be removed?

Has anything been discussed with the tree owner?

 

Without all the above it could also be considered criminal damage .

[Dan Maynard]

When I apply as an agent on behalf of customers, I don't usually bother putting their phone or email in (and the council never request it) so it's only me that gets told. The application, decision letter etc goes on the public access system but they'd have to know to go and look.

 

One of the councils request that I put up a notice, doesn't usually happen to be honest. I don't think there is a statutory requirement to put a notice up as with building works etc.

 

In any case confers no right about the actual carrying out of the job. Branches overhanging boundary in a CA is a case where you could apply and not tell them I guess, it would just be pretty strange and as Mark says as a contractor you don't want to get involved in neighbours disputes like this.

Edited February 2 by Dan Maynard

[GarethM]

The form has a tree owned section 4 does it not?.

Edited February 2 by GarethM

[woody paul]

Ask yourself how you can legally fell the tree in question without getting written permission from owner. Also you would have to trespass to remove it. 

[Dan Maynard]

You clearly can't fell the tree without owners consent, but there is nothing in the procedure to stop you applying for planning permission.

 

Question was, would the council tell the owner, and I think no they wouldn't.

 

[kram]

You cant just fell your neighbours garden trees without their permission. I believe council are only relevant if TPO or conservation area, but still requires the owners permission.

You can trim back to your boundry but thats it.

 

Without permission would be tresspass, criminal damage and possibly more. Not to mention, if there is a genuine reason for removal, example tree being dangerous, the owner should be paying for its maintence.

 

 

[Bolt]

On 01/02/2025 at 13:01, Dorset321 said:

If an application is submitted to council by a neighbour to fell trees in another garden, who is responsible for telling the tree owner?

I don’t believe anyone has the responsibility to inform the owner of a tree that an application has been submitted.

 

[Bolt]

On 01/02/2025 at 13:01, Dorset321 said:

Is there a council responsibility to advise owner at same time as replying to applicant? 

I’m not aware of an actual responsibility for the council to advise the owner at the same time that they reply to the applicant.