Tree
management
Tree 'Ownership' - who do I report it to?
Allerdale Borough Council has the responsibility for trees on
Allerdale Borough Council land but there are many areas of land
that Allerdale does not own or maintain. To help guide you to the
right area of assistance, please view the following
information:
1. Is the tree growing through a power cable, electricity cable
or phone line?
- If the tree is growing very close to, through or is affecting a
power cable or electricity line you should report it to United
Utilities on 0871 687 0501.
- If the tree is growing through a phone line cable you should
contact the provider of the phone line. If the phone line is owned
by BT you can contact them
online or phone them on 0800 800 151.
2. Is the tree in a parish or rural area? Is it in a town
centre?
- Cumbria County Council owns and maintains many of the rural
areas throughout Cumbria, particularly along the stretches of
highways and A roads throughout Allerdale. Cumbria County Council
also maintains some areas within towns, particularly along most
cycle tracks and certain residential areas such as Portland Square
and Islay place in Workington. Trees in these areas may be reported
to Cumbria
County Council's Highways Hotline on
0845 609 6609.
- Parish Councils maintain some open spaces within their
Parishes. For information on the areas they maintain please contact
your local Parish Council.
- Town Councils also own and maintain some areas; for instance
the town centre (main shopping area) of Workington is owned and
maintained by Workington Town Council. Your local Town Council will
be able to provide you with information on the areas they look
after.
3. Is the tree on a housing estate?
Trees on most Social Housing Estates are usually owned and
maintained by the housing association that manages the estate (who
will be detailed in the deeds or lease agreements of the properties
on that estate). A list of the housing associations present in
Allerdale are available on the
housing association page of the Allerdale website.
Trees on privately owned housing estates are usually owned by
the developer of that estate (who will be detailed in the deeds of
the properties on that estate), who will normally have
private-sector maintenance agreements in place.
4. Is the tree in an Allerdale owned park, street, cemetery,
woodland or nature reserve?
If a tree is within an Allerdale-owned park, street, cemetery,
woodland or nature reserve and is of a health or safety
concern, please contact us on 01900 702800.
Trees Allerdale Borough Council Maintains
Allerdale Borough Council (ABC) maintains trees on ABC-owned
land. Maintaining a tree does not necessarily mean pruning it but
it does mean that trees are checked regularly and trees of a risk
to public safety may be pruned, pollarded or removed after
assessment. Risks are identified when tree surveys are carried out,
or when dangerous trees are reported by the public to the council.
If you are concerned about the health or safety of a tree on
Allerdale land you can report it by phoning 01900 702800.
Please note that Cumbria County Council is responsible for trees
along many of the roads in the rural areas. To report trees in
these areas telephone the
Cumbria County Council's Highways Hotline on
0845 609 6609.
Trees may be growing as part of a street scene, park or garden
layout or as part of a reserve or woodland area. The type of
maintenance carried out will vary depending on the location of the
tree. For example:
- In formal parks and open spaces some trees will be pruned
formally, whereas others will be left to their natural form
depending on species selection and the landscape design of the
area. In these places most material will be removed off-site if
tree works occur, although tree stumps may occasionally be left to
remain to increase the habitat diversity of the site.
- Street trees are usually of species that are low maintenance
and should not need to be pruned, although canopy uplifts occur
where the trees are obstructing passer-bys along pathways or
highways. Where a tree is posing a risk to members of the public
the tree is assessed and actions are taken based on that
assessment. Trees that are pruned, pollarded or removed have
usually been deemed to be dead, dying or dangerous by the
assessor.
- Within a reserve or woodland all species will be left to grow
to their natural form, with some weak or spindly trees removed on
occasion to open up the canopy as part of woodland management.
Trees in these areas will not generally be pruned back or topped as
it would destroy the natural form of the tree. When trees are
felled within a woodland or reserve most of the dead wood is left
lying as dead wood creates a habitat for a diverse range of insects
and animals such as hedgehogs.
Most trees on Allerdale land are left to grow to their natural
form, with low-maintenance trees and shrubs generally being
selected for planting schemes in formal areas.
Over-mature, dead and diseased specimens on all
Allerdale land are assessed via a tree survey and remedial
works (pruning, pollarding or felling) takes place as a result of
these surveys. Unless it is an absolute emergency most tree works
take place during the autumn-winter months in order to avoid the
nesting season and to ensure that the impact on hardwoods is
minimalised where pruning or pollarding needs to occur. Tree works
are prioritised in order of risk to public safety, with high risk
trees being worked on first. Risk is determined by the health of
the tree during the tree survey.
General Advice on Trees - what can and can not be done and
considerations when buying a house.
If you are a member of the public and have an issue with a tree
that is not an immediate danger the following guidance may
help:
1. Trees overhanging property boundaries -
If a tree is overhanging the boundary of your property the owner
of the tree is under no obligation to prune the tree back unless it
is dangerous or destroying property.
If the tree is not in a
conservation area, protected by a tree preservation order or
protected by a clause in a grant of planning permission you are
allowed to cut the tree back to the boundary of the property but
not beyond it under Common Law as long as you do not trespass onto
the neighbouring property.
Common law rights are intended to allow citizens to carry out
the minimum amount of work required on trees overhanging properties
but not extensive works. If you carry out extensive works and in so
doing you make the tree unsafe, the tree owner may have a case
against you for criminal damage. You should be especially careful
if you are pruning roots and should obtain qualified arboricultural
advice before carrying out any work.
Before carrying out any works it is important that you check the
status of the tree with the planning department of the Local
Authority and that you observe the following points:-
- You must not trespass onto the land on which the trees are
growing - i.e. you cannot go onto your neighbours' land to carry
out the works without their permission.
- Parts of the tree (whether branches or roots) must not be cut
back beyond the boundary for any reason, including anticipation of
them overhanging the property in the future.
- Work on the tree must be carried out in a way that is not
detrimental to the tree's health - you must avoid carrying out work
that will make the tree unsafe or dangerous and should avoid
damaging property.
- Any parts of the tree that are removed, including fruits,
branches and roots, must be returned to the owner of the tree
unless they agree that you can dispose of the parts elsewhere.
- You do not have to advise your neighbour of any works you
intend on carrying out but it is polite to do so. If the tree owner
agrees to works that are in addition to your common law rights, or
if they give you permission to enter their property you should get
their consent in writing to protect your own interests.
2. Protected trees -
Trees that are within
conservation areas, are subject to a condition of planning consent
or are covered by a Tree Preservation Order may still be able
to be worked on but permission needs to be granted for any works by
the planning section of the Local Authority and works must also
have the permission of the owner of the tree.
3. Rights to Light, Views and TV -
There is no legal limit to how high a tree is allowed to grow,
and nor is there a legal right to light, a view or TV reception
under UK law.
If light, view or television reception is blocked by the growth
of a tree the house owner or occupant is not necessarily allowed to
cut the tree back or down unless it is within the property
boundaries, is not subject to a planning consent condition or a
Tree Preservation Order and is not in a Conservation Area.
"Right to Light", "Right to a view" and "Reception Interference"
are not commonly accepted as reasons to cut down or reduce the
height of a tree, particularly trees covered by Tree Preservation
Orders.
4. Problems with leaves, debris and fruits/flowers -
Debris that fall from a tree are not classed as nuisance within
legal terms and it is up to the property owner, rather than the
owner of the tree to maintain their own paths, gutters and
gardens.
5. Buying a new property? Consider the planting schemes around
you.
Before buying a property consider if it has trees (no matter how
small) around any of the boundaries.
If you buy a property and there is a woodland or a number of
trees beyond your boundary fence it is unlikely they will be
removed because you have bought the property.
When planning permission is granted for development conditions
might be added that requires the submission of and implementation
of a landscaping scheme. In such circumstances the trees planted
will normally be required to be retained. If work was proposed to
trees or other planting is covered by a condition then the written
consent of the Authority would first be required. The scheme that
is submitted by the developer is usually designed, submitted and
implemented by the developer and their contractors.
Species commonly used in developer's planting schemes include
Ash, Beech and Sycamores and although they may look small when you
buy the property most of these trees will grow 15m+ when they reach
full maturity, sometimes growing as wide as they grow tall. Trees
within these groups growing within 5m of the boundary fence will
often overhang the property boundary so it is important for you to
decide if you can live with the future size of the tree if you were
to buy the property. Considering whether you are happy to have
tree branches overhanging your property or if you are happy to
maintain them as per common law is an important decision to
make.