Harrogate Borough Council
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Legal and Planning Requirements
| A Guide to Trees, Highways, Landowner Duty of Care and Common Law: |  |
When is a nuisance not a nuisance?
Leaf fall, fruit fall, honeydew and tree shadows are seasonal
events associated with having trees within any urban setting. The
Council or private landowner has little, if any, control over
these; they are normally considered a minor inconvenience only,
offset by the many other benefits attached to and associated with
retaining trees within the urban landscape.
However, trees can cause a legal nuisance (measurable damage). In certain instances, the affected parties may be entitled to claim for harm caused and the Courts may make an order (injunction), restraining a tree owner from allowing further nuisance occurring.
Various court cases established the following points:
- If branches from a neighbour's tree overhang your property you may cut these branches back to the property boundary [See note 1 below]. Although you do not need to obtain permission from the tree owner to carry out these works it would be neighbourly to notify them of your intentions. However, you must first obtain permission from the owner if you need to enter onto their property to carry out such operations. The removed branches (and any fruit) remain the property of the tree owner and should be offered back to them.
[It is unclear whether you have the legal right to simply dump the prunings into the owner's garden, irrespective of whether they want them or not, so don't be surprised if they simply throw them back onto your land].
- Just as branches can be pruned back to the property boundary, so can the roots of neighbouring trees. However, it is recommended that professional advice be obtained prior to such operations. [See note 1 below]. It may be possible that you can claim compensation in respect of damage caused by roots from neighbouring trees. If you have problems with such damage it is advised that you contact a solicitor for more information.
Note 1: You should take care not to promote disease or decay by poor pruning technique or unbalance a tree by severing anchor roots or by removing large limbs from one side of the tree only; should the tree subsequently fail due to your actions, you may be liable for any damages that result (seek professional advice if you are unsure). If the tree is located within a conservation area or is subject to a Tree Preservation Order (TPO), then permission must be obtained from the Local Planning Authority prior to any branch or root pruning operations.
Highways Act 1980 covers laws associated with roads. Section 41 states that the Highway Authority (HA) have a duty to maintain the highway. Section 154 deals with trees and shrubs located on private land, which gives the HA powers to serve a notice on the owners of trees which constitute a danger to the users of the highway. This would include dangerous trees that could fall onto the road, or trees and hedges that block a driver's view or interfere with the light level from an adjacent street lamp, etc. The notice served by the HA gives the tree owner 14 days to carry out the necessary works. Should the works not be carried out in this time, the HA can do the works themselves and claim back the costs from the tree owner. Section 79 gives the HA powers to restrict planting and order the removal of trees and vegetation on private land should they be deemed to represent a danger on a road bend. Section 142 gives powers to the HA to grant a licence to a member of the public to plant and maintain vegetation in the highway.
The Occupier's Liability Act 1957/1984 lays down a duty for occupiers to take reasonable steps to ensure that premises (including woodland) are reasonably safe for visitors permitted to be there. This affects managers of woodland and forest who need to make regular safety inspections of trees adjacent to car parks, footpaths, picnic areas, public areas etc.
Town and Country Planning Act 1990 contains legislation, which gives powers to the Local Planning Authority (LPA) to protect single or multiple trees by way of a Tree Preservation Order (TPO). The order prevents anyone from pruning or felling the tree without permission from the LPA. Any person(s) considering felling or pruning without such permission should consider the maximum penalty of £20,000, which the Courts could evoke. Additionally, this Act contains legislation to protect the immediate pruning and felling of trees contained within Conservation Areas. The following information is useful:
Links for information sheets and application forms
- Protected Trees A Guide to Preservation Order Procedures (145KB, pdf)
- Tree Preservation Order Tree Work Application (Section 198)
- Conservation Area Tree Work Notification (Section 211)
- Hedgerow Removal Notice
- High Hedges
Guidelines
(Part 8 Anti-social Behaviour
Act 2003)
- Landscape Design Guide Including Trees & Development
(Currently being updated to include all relevant information for the Protection of Trees During Land Development. Expected to be completed in 2007/08).
- National Joint Utility Guidelines (NJUG 10) (848KB, pdf)