DANGEROUS TREES

WHAT IS A DANGEROUS TREE?

Trees are often perceived to be dangerous, but are in fact perfectly safe. A dangerous tree could be defined as one that presents a real threat or causes or is likely to cause harm or injury of a serious nature. This could be because the tree is:-

in the latter stages of disease
is structural unstable
has suffered storm damage etc.

If you think you have a dangerous tree then a tree surgeon should be contacted for advice. The Tree Team of the Countryside Section of the council has a list of qualified Tree Surgeons and Consultants which is available on request.

WHAT IF THE TREE IS PROTECTED?

If you wish to do works to a protected tree, including felling it, you need the consent of the council. It costs nothing to apply, and if the works are reasonable and necessary and do not affect the local amenity adversely, they will usually be allowed. The statutory periods for determining an application are:

8 weeks for an application under a TPO;
6 weeks if the tree is in a Conservation Area.

Be sure to allow enough time when you apply. However, our decision may often be well inside these statutory periods. It may be an offence to do works to a protected tree before you have received written consent.

WHAT IF THE TREE IS AN IMMEDIATE DANGER?

In a few cases the tree can be in a condition (dead, dying or dangerous) that presents an immediate danger. It may be that a decision has to be made on the fate of the tree before an application can be determined.

If this is the case it is exempt from the usual application process and work can be done to remove the immediate danger without application under section 198(6)(a) of the Town and Country Planning Act.

Note this will only allow you to alleviate the immediate threat to make the tree safe. It will not allow you to carry out work to a tree without application.

By citing section 198(6)(a) of the Town and Country Planning Act as reason for removing or carrying out work to a protected tree without the consent of the council, the burden of proof is on the party or parties who removed and/or implemented the removal of the tree.

The advice given in government (ODPM) guidance Tree Preservation Orders: a Guide to the Law and Good Practice states five days notice should be given to the council of the intention of carrying out work to an imminently dangerous tree to make the tree safe. To ensure that the tree officer can visit the tree, the council requires five working days notice in writing.

HOW DO I INFORM THE COUNCIL?

A five day notice should be written or emailed and should contain the following information:

The date the notice was given
Site address
Species of tree
A map showing its location
Reason for work
Work required

Use this form to notify the council of your intention to carry out work to a protected tree under the five day notice procedure.

WHAT NEXT?

The council, on receiving the notice, will visit the site within five working days of its receipt to assess the validity of the notice. The council will contact you by both phone and letter and

either give consent for the necessary tree work; or
ask you to make a formal application for the work required.

If the Tree Officer is of the opinion that the tree does not present an immediate danger but if you carry out the work without consent you may be liable for prosecution.

DOES THE TREE HAVE TO BE REMOVED IF IT IS DANGEROUS?

No! If, for example, the immediate danger is a fractured limb overhanging a roof then the only work required is to remove the limb. To do any further work to a protected tree beyond that which is necessary to remove the immediate danger would be contrary to section 198(6)(a) of the Town and Country Planning Act and will require a full application.

HOW DO I PREVENT MY TREES BECOMING DANGEROUS?

If you are responsible for the care of a large tree, then it is advisable that it is inspected on a regular basis. In doing this problems can be seen in the early stages and dealt with to prevent any real danger. If the trees have the potential, due to their size, to fall into neighbouring properties or across a public highway it is wise that you have the trees inspected at least every two to three years to ensure their safety. This may help as evidence of care if you had to make an insurance claim concerning the trees.

WHO PAYS FOR THE WORK?

The cost of any works falls to the tree owner or can be agreed between the various parties concerned. There is no liability on the Council for the cost of the work.