Law re. private tree work

[Stereo]

I am a councillor for our parish and we've had quite a lot of complaints recently about people felling or pruning trees on their land without 'permission'. It seems to be getting worse as more solar panels appear.

 

Some of the parish is in a conservation area so that is obviously a problem so that is that. It's not helped by the council's general lack of understanding of the various legal aspects involved with some saying you can't cut or work on any tree down over 6" dia. Some say you can cut soft but no hardwood. Some say oak is protected and so on.So I wanted to clarify some of my understanding of this subect. Which is:

 

1. There is no restriction on any kind of tree work including felling unless:

a)The tree is in a conservation area

b)it is protected by a TPO

c)work is not being carried to proper health and safety standards

d)you are removing more than 5 cube of timber from your land per quarter, in which case you need a felling license.

 

2. There is no distinction in law between hardwood, softwood or between different species.

 

3. Work does not HAVE to be carried out by licenced professionals

 

4. The final responsibility is with the firm or person with the saw, be that the land owner or the contractor.

 

Anyone care to comment on these as I feel it would be good if someone on the council actually new what they were talking about. Is there a good resource which explains the law in simple terms for people like me who get parishoners phoning me up shouting about trees being murdered?

 

We do have a tree warden but he's not very pro-active unfortunately.

[pleasant]

I would have thought even if your garden was situated in a conservation area, then unless the tree has a TPO on it it doesn't make any difference conservation area or otherwise. Trees in a public area in a conservation area with or without a TPO I would have though is a different matter.

 

I should imagine most of your busybody parisoners are moaning about someone cutting a tree with no TPO on it in their private garden/land. In which case tell them to sling their hook and find something else to moan about.

[Rupe]

There is little "Law" i,e, youcant call the police!

 

Its upto each local authority how the carry out the planning procedures for their area and even though there may be national guildelines it does differ from area to area.

 

In answer to your questions,

 

1a Correct

b Correct

 

c.... not correct. The HSE might have something to say about poor heath and safety working but that has no relavence to weather the work can be carried out or not.

d.....not really, if you land is not woodland then its ok to remove what you want (except for a and b above)

 

2. dont know, but doesnt matter, 1a and 1b is all that matter.

 

3. Nope, you can do it yourself or get your mates to help.

 

4. With regard to breaching 1a and 1b the responsibilty is (I believe 66.6% the contractor and the rest the homewoner but if the contractor is not a proffessional (as in 3. above) then the responsibilty would lie with the homeowner.

 

Footnote: There is no such thing as a "licensed" proffessional, it woudl be nice if only qualified people were doing tree work but that is not the case!

[Ian C]

if a tree is in a conservation area and has a stem dia of 7.5cm or bigger then a application needs to be served to the council, hedges dont count really, doesn't matter if a tree has no TPO if it is a conservation area it is covered by law.

 

A felling licience does not apply to domestic dwellings only woodlands.

Edited March 15, 2012 by Ian C

[pleasant]

ok. Thanks for clarifying that point re the tree diameter.

[Stereo]

What about the point re. trees in conservation areas but on private land? I take it these are protected as well?

 

Aside from that we are saying that if someone bought a house with a 150 year old beech in the garden and started taking chunks out of it or felled it completely and it was not TPO or in a conservation area, then there is very little anyone can do?

 

I believe that another thing to consider is if there any clauses in the planning for a development regarding trees within it.

[pleasant]

Aside from that we are saying that if someone bought a house with a 150 year old beech in the garden and started taking chunks out of it or felled it completely and it was not TPO or in a conservation area, then there is very little anyone can do?

 

That point is certainly correct- and I'm glad it is. Got booger all to do with anyone else what they get up to.

[Stereo]

OK, thanks. That's what I thought but I was told quite sternly by an experienced councillor that you are 'not allowed to cut trees down full stop'!

[pleasant]

depends what he was experienced in though.

[Stereo]

Talking rubbish is his speciality I think.