DANGEROUS TREES

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:-

If you think you have a dangerous tree then a tree contractor should be contacted for advice. The Tree Team of the council has a list of qualified tree contractors and consultants which is available on request.

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.

Guidance can be found in the leaflet ‘Protected Trees, A guide to tree preservation procedures’

In a few cases the tree can be in a condition (dead 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 work can be done to remove the immediate danger without application under section 198(6)(a) of the Town and Country Planning Act. However, you must give written notice (by letter or email) of the proposed work as soon as practicable after the work becomes necessary, submitting photos of the tree will help.

Note: this will only allow you to alleviate the immediate threat to make the tree safe. It will not allow you to carry out further work to the tree without application. If the tree needs further work you will need to submit an 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.

WHAT IF THE TREE IS DEAD?

If the tree is dead you are required to give at least 5 days notice, (written or email) of the proposed work, it is also suggested that you submit photos.

WHAT IF THE TREE IS DYING?

Although this heading was covered in the old regulations is it now not included, if your tree is considered ‘dying’ then you will have to submit a normal application for works to the tree.

Use the application form to notify the council of your intention to carry out work to a protected tree under the five day notice procedure.
Please write on the front of the form that you require this application under a ‘5-day Notice’,
Application form help
Application form checklist

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

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.

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.

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.

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.