Laws on felling trees

[Colarris]

I just wondered if anyone could tell me how the law stands on chopping down trees? The reason I ask is that there has been a Yew tree outside a property near for as long as I remember but the resident has now chopped it down. There is an Oak not far from where it stood and Im worried that could be next!

[solus]

Contact your local authority to ask if there is (was) a Tree Preservation Order on the tree(s) in question. If there is, then (provided the tree wasn't dead, dying or diseased) an offence may have been committed. If not, then as far as I am aware, the owner of the property is entitled to do what he wants as long as the tree is on his land. But I'm sure someone with more up-to-date knowledge will be along soon!

Edit: I think things may be different in Scotland as there is a different legal system there.

[earthdragon64]

Originally Posted by solus

Edit: I think things may be different in Scotland as there is a different legal system there.

The legal system is different in some aspects, but in this case it's pretty similar as far as I'm aware. Contacting the local authority about a Tree Preservation Order, or national park authority if you live in a national park, is what I'd advise in Scotland as well.

[Amoeba]

I, too am concerned about this being a Scottish resident (don't mean to hijack your thread, the responses would be helpful to both of us) because young trees have been felled by a landscaping company in our square. In fact, they've made a right mess of the place, taken away half the shrubs in one part of the allotment for shrubbery surrounded by a small railing, and mysteriously left the rest alone (happy they didn't take the lot). I have no idea who called them in or why.

I can imagine they were supposed to just tidy up the place a bit, shave off some of the branches dangling over onto the parking spaces - not remove entire trees and shrubs! Some of which were not even on the parking spaces. The biggest one they removed was one that the council had tried to trim but damaged some thinner branches in the process - but it wasn't that badly damaged that they had to remove the entire tree! There were more badly damaged ones that they left alone. It had been there for years, was a birch, and doing quite well.

Some people have absolutely no remorse, no value for life. I wonder if your neighbour felt any regret about ending the tree's life, Colarris? Too many people see them as no more alive than rocks which just makes me sick.

[Cotham Marble]

Originally Posted by Colarris

I just wondered if anyone could tell me how the law stands on chopping down trees? The reason I ask is that there has been a Yew tree outside a property near for as long as I remember but the resident has now chopped it down. There is an Oak not far from where it stood and Im worried that could be next!

A tree is the property of the owner of the land on which it is growing, other than specific Tree Preservation Orders or in some circumstances various Landscape Designations, the owner is free to act as they wish. Dealing with TPO's is usually the responsibility of a Local Council Department - check online for your local area. Some Council's have dedicated Tree Officers or Arborculture Officers, others simply deal with TPOs as part of the Planning Process, yet other Councils have a designated Environmental Unit.

If there is a tree that is not protected but you think deserves to have a TPO then enquire about the process of getting it designated.

CM

[Beekeeper]

One question i hope someone can answer for me, there is a law which states that any tree or bush overhanging your garden boundry can be cut back to your boundry, as long as what is removed is returned to the owner, what if the tree overhanging is subject to a TPO, does the law still apply?

Ian

[Cotham Marble]

Originally Posted by Beekeeper

One question i hope someone can answer for me, there is a law which states that any tree or bush overhanging your garden boundry can be cut back to your boundry, as long as what is removed is returned to the owner, what if the tree overhanging is subject to a TPO, does the law still apply? Ian

The TPO applies to the whole tree irrespective of land ownership or boundaries. If you have a specific problem consult your local Council. A TPO doesn't mean that no work can be carried out on a tree, but any work must be inline with the TPO and sanctioned by the relevant Officer.

CM

[Beekeeper]

Cotham Marble, many thanks for your reply, it is appreciated and now i will be contacting the parks authority to hopefully be allowed to do a bit of trimming of the offending branches.

Iasn