The Forest of Leeds |
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 Trees and Woodlands | Woodland Heritage | Tree Species in the British Isles | Woodland Grant Schemes | Trees and the Law | Woodland Crafts | Pests and Diseases |
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Many laws control the status and protection of our trees, woodlands and other habitats to ensure their longevity
and care. The majority of these are statutory and dealt with by the Local Authority or the Forestry Commission,
to ensure continuous tree cover and beneficial landscapes for us all to enjoy.
Tree Preservation Orders (TPO) Conservation Areas Felling Licences Site of Special Scientific Interest (SSSI) Site of Ecological or Geological Importance (SEGI) Local Nature Reserves (LNR) Leeds Nature Areas (LNA) Negligence Are Trees and Hedges on Neighbouring Land Affecting You? Subsidence Damage Tree Preservation Order (TPO) A Tree Preservation Order (TPO) is an order made by a Local Planning Authority (LPA) to protect trees, which in the Leeds district is Leeds City Council's Planning and Environment Department. Legislation concerning Tree Preservation Orders is contained within The Town and Country Panning Act 1990 and amendments. The Order makes it an offence to cut down, uproot, prune, damage or destroy the tree or trees covered by it. A TPO can apply to a single tree, a group or area of trees or a woodland, but does not apply to bushes, shrubs or hedges (unless the hedge has developed into a line of individual trees). There are over a thousand tree preservation orders in force in the Leeds district, some of which are very extensive in their coverage. Officers of the Planning and Environment Department have delegated authority to make a Tree Preservation Order if it is deemed that the tree offers amenity value to the surrounding area, and that its loss would have a significant impact on the environment and its enjoyment by the public. Obtaining consent The existence of a TPO does not necessarily mean that you can not eventually prune or fell the trees, it simply means that you must obtain permission from the Council's Planning and Environment Department first. An application form for carrying out works to trees covered by Tree Preservation Orders can be obtained by telephoning the Planning Enquiry Centre, see address and telephone number below. If you wish to apply to have work done to a neighbour's tree which overhangs your property and is protected, you may apply in your own right or on their behalf – but you should discuss it with them first. › Back to Contents Conservation Areas These are areas of special architectural or historical interest designated by the City Council to preserve and enhance their appearance. The first conservation area in Leeds was designated in 1969, and there are now over 63 in number. They vary greatly in their nature and their particular special character comes from the historic layout of roads, paths and boundaries, characteristic buildings, materials, 'mix' of building uses, public and private spaces, such as gardens, parks and greens – and from their trees. In order to conserve the contribution of trees in Conservation Areas, all trees over 75mm in diameter at 1.5m height are protected by legislation. If a tree located within a conservation area is already the subject of a Tree Preservation Order (TPO) then this tree is automatically covered by the TPO legislation. If no TPO exists, then prior to carrying out any works to the tree, 6 weeks notice in writing should be made to the Local Planning Authority describing the trees and works to be carried out. A notification form for carrying out works to trees in conservation areas can be obtained by telephoning the Planning Enquiry Centre, see address and telephone number below. If the Planning and Environment Department officer feels that the tree should be protected from the works that you are proposing, they may place a TPO onto the tree to bring control of the work under the TPO regulations. You must apply to carry out the works under the procedure described within the section on Tree Preservation Orders. Responsibility Regardless of location in Conservation Areas or protection by Tree Preservation Orders, responsibility for maintenance remains with the owner. Dead, dying and dangerous trees There are exemptions from the need to obtain consent, including removal of dead wood or trees and dying or dangerous trees. However, it is the tree owner's responsibility to provide proof that the tree was indeed dead, dying or dangerous should this exception be challenged. A tree owner should therefore be able to provide the LPA with evidence of this and unless such works are required in an emergency, 5 days notice given prior to cutting down a tree which is dead, dying or dangerous. A replacement tree may be required to be planted. Penalties The penalties for cutting down, uprooting, topping, lopping, wilfully destroying or damaging a tree within a conservation area are the same as those applicable to TPOs. The maximum fine that may be imposed by the Courts, on summary conviction, is £20,000 for each tree destroyed. It is no defence for a defendant to plead that they were unaware that a TPO existed on a particular tree unless the Council were the cause of such ignorance. Further Information www.communities.gov.uk/ Protected Tree Queries To enquire if your trees are protected or to obtain an application form for works to protected trees, please contact : The Development Enquiry Centre Leeds City Council Leonardo Building, 2 Rossington Street Leeds LS2 8HD Telephone: 0113 247 8000 › Back to Contents Felling Licences A felling licence, under some circumstances, may be required before trees may be felled. The licences are issued through the Forestry Commission and must be applied for if the following are true :
Forestry Commission Country Services 231 Corstorphine Road Edinburgh EH12 7AT › Back to Contents Site of Special Scientific Interest (SSSI) This refers to a site designated by English Nature as being of national or international importance for its flora, fauna, geology or landforms. This is a statutory designation operated throughout Great Britain. There are a number of sites within Leeds City Council owned woodlands that have this special designation, including Town Close Hills (Billy Wood). › Back to Contents Sites of Ecological or Geological Importance (SEGI) These are sites designated as being of county–wide importance for flora, fauna, geology or landforms, as recommended by the West Yorkshire Ecological Advisory Service or the West Yorkshire RIGS (Regionally Important Geological Sites) Group. Within the district, SEGIs are designated by Leeds City Council. There are a number of sites within Leeds City Council owned woodlands that have this special designation, including Castle Hills. › Back to Contents Local Nature Reserves (LNR) These are sites of special interest within the district for the conservation, study or enjoyment of its flora, fauna, geology or landforms, and in which the City Council has a legal interest. Local Nature Reserves are statutory designations operated by local authorities in consultation with the appropriate national conservation agency. There are a number of sites within Leeds City Council owned woodlands that have this special designation, including Meanwood Valley Nature Reserve. › Back to Contents Leeds Nature Areas (LNA) These are sites of local or district–wide importance for the enjoyment, study or conservation of wildlife, geological features and landforms. In neighbourhoods that lack sites of natural interest, areas with the greatest potential are designated to provide sites of natural interest close to peoples' homes. There are a number of sites within Leeds City Council owned woodlands that have this special designation, including Bramley Falls Estate. › Back to Contents Negligence If you have a tree in your garden or on your land you may wish to consider some common law issues which fall to you as a responsible tree owner. This is to ensure they do not become hazardous and cause risks of injury or damage. This is based on common law duty – the duty of care. In general, this asks whether a reasonable person could have foreseen the potential for mechanical failure of the tree leading to damage to a person or his property. Therefore, one essential element of negligence is forseeability. It may be defined as 'failing to do what a prudent person would do, or doing what a prudent person would not do'. With respect to trees, the owners are responsible for the health, safety and maintenance of their trees and are expected to ensure with reasonable forseeability that any health and safety implications that may cause damage to another person or property are rectified. For example, a large tree may have a substantial decaying cavity. If this tree were to fail at this point and damage persons or property, the owner is expected to have foreseen the tree's failure and would be negligent in not remedying the problem. While it is not expected that owner is able to competently inspect a tree, it is expected that competant, professional assistance from a qualified and fully insured arboriculturalist (e.g. NC, ND, HND, Certified Arborist, etc.) is sought to provide a conclusive report on the trees in the owners care. › Back to Contents Are Trees and Hedges on Neighbouring Land Affecting You? Trees and hedges are an environmental asset and many people declare themselves to be tree lovers, but trees can also become a source of tension between neighbours. The Local Planning Authority cannot adjudicate in disputes about trees and hedges between neighbours but it does have a duty to respond to an application to carry out works to trees which are protected by legislation. These include trees covered by a Tree Preservation Order, trees standing in a Conservation Area or affected by a planning condition or planning legal agreement following the granting of planning permission. Contact the planning enquiry centre (0113 247 8000) to find out if a tree is protected or for a tree works application form or a copy of a guidance leaflet on protected trees. An application for tree work does not have to be made by the owner. There is nothing to stop a neighbour offering to prune trees on his or her neighbour's land by prior agreement, which may or may not include an arrangement for apportionment of the cost. The position in common law is that you may prune unprotected trees or hedges overhanging your land without the consent of the owner but you must not trespass on to your neighbour's land to do this. In addition you must offer to return the timber and any fruit attached or which has fallen on to your land. However, you may become liable for criminal damage if such work causes the tree to die or become dangerous. It is therefore advisable and only good manners to notify your neighbour of your intention to do the work beforehand and to carry it out in accordance with good horticultural or arboricultural practice. Poor tree work can be counter-productive and is often potentially dangerous; for any substantial work, you are advised to use an experienced and qualified contractor with public liability insurance. If you believe that your property may be suffering from either direct or indirect damage by tree roots, then you are advised to consult an arboricultural consultant or a building surveyor. There will usually be evidence of damage such as deformed or cracking of walls, uneven surface levels or blocked drains. If this is the case, you should notify your building insurer, who may initiate further investigations and negotiate with your neighbour and their insurer. You cannot compel a neighbouring landowner to manage their trees or to carry out tree work to your satisfaction unless you bring forward and win a civil action – you could consult an experienced solicitor to see if you have proper grounds to proceed with this. The Government has been considering introducing new legislation in this area, but this is not yet drafted. Remember that one person's nuisance can become another person's amenity. As disputes between neighbours can develop into an emotionally charged and draining experience, the best advice is to seek to resolve such a situation before it becomes out of hand. This can be done by explaining either in conversation or by a letter to the tree owner stating how your living conditions are being affected, how this is influencing your enjoyment of life and hopefully thereby reaching agreement to carry out tree work that is mutually acceptable. Keep a photocopy of your correspondence, in case things go wrong. Mediation services are sometimes available – you may wish to consult a Citizen's Advisory Bureau for more information on this. A list of tree consultants and contractors and guidance on building subsidence involving protected trees is also available from this Department. › Back to Contents Subsidence Damage Subsidence damage to a structure – particularly a dwelling – can be an extremely distressing experience for the occupier. The causes of subsidence in low rise buildings are numerous and often complex, ranging from leaking drains to underground mine workings and from landslip to clay shrinkage. Where trees are protected by a Tree Preservation Order or are situated within a Conservation Area, the Department of Planning and Environment has a responsibility, on the one hand, to protect trees in the interests of public amenity and, on the other hand, to seek to ensure that no individual suffers undue loss or distress from damage resulting from the action of tree roots. Balancing these responsibilities can prove difficult and relies on consideration of all material facts of the particular case. In the first instance you should contact your building insurer, who will normally appoint a specialist loss adjuster and structural engineer to carry out investigations. Below is a list of the key information that Leeds City Council normally requires to be submitted to make an informed decision about the most appropriate course of action:
For further information in relation to protected trees, contact Pat Kirkland (0113) 247 8152 (west Leeds) or Richard Lapish (0113) 247 8149 (east Leeds). In the case of damage believed to be caused by Council owned trees, you should contact Leisure Services forestry team officers on (0113) 237 5221. |