Unsurprisingly, there’s extra to chopping down a tree whether it is in the best way of your construct than simply revving up the chainsaw. While in lots of circumstances you do not want particular permissions or permits to take away a tree in your property, there are events the place stricter guidelines apply.
Reducing down a tree, whether or not for backyard design or constructing work is not one thing to do on a whim. Apart from the environmental issues, bushes play a significant position within the well being of our planet, Sarah provides that, “bushes are everlasting and you may’t ‘unremove’ one should you realise you’ve accomplished one thing you shouldn’t have accomplished.”
In an effort to keep away from fines and even prison fees, it is price making certain you understand when and what these are. One one who does and is right here to clarify all of it is Sarah Dodd, a lawyer specialising in the whole lot bushes.
Reducing down a tree in your construct
Earlier than we go anyplace Sarah Dodd explains that the data right here ought to solely be taken as a information and people ought to search skilled recommendation earlier than taking any motion.
“The regulation differs barely between England and Wales on Tree Safety Orders (TPOs), which makes it much more necessary to talk to an expert for recommendation in your particular person circumstances,” she says.
Sarah is a self-confessed ‘tree-hugging lawyer’! As a lawyer specialising in claims arising from harm brought on by bushes, whether or not that’s tree root subsidence, tree failure, breach of tree preservation orders or harm, and lack of CAVAT worth. Sarah is captivated with working with shoppers to alter how claims are run to ensure folks and bushes can stay in concord.
Verify who owns the tree
There might be dangers when constructing by bushes, so usually it’s best to easily take away it as a substitute. However earlier than you do, there are some issues to think about. First off, you possibly can’t minimize down a tree that you do not personal.
In the event you’re constructing a house on a backyard plot for instance, and also you do minimize down a tree that is not yours, Sarah warns that should you’re convicted and tried within the Crown Courtroom you could possibly obtain a vast effective.
“Guidelines concerning permissions can rely on so many components,” Sarah explains. “The start line is that should you’re the tree proprietor and the tree isn’t protected in any manner then you definately don’t want permission.”
If the tree is on property that you simply personal then you definately probably are the proprietor. Nonetheless, there are different components at play that have to be checked earlier than chopping down a tree.
“There might be points corresponding to protected species and hen nesting season which could change that. It’s a multi-faceted query that at all times wants enter from an Arboricultural skilled to advise you,” says Sarah.
Know whether or not you might be in a conservation space
The thought of a conservation space is to “preserve”. Due to this fact chopping down a tree inside such an space has greater implications. Bushes, significantly native species, play an important position in sustaining wildlife, so the chance of you getting permission to take away one is in no way assured.
Do not find yourself like this particular person who was fined 9k for felling 3 apple bushes with out permission. You may wish to have a tree survey accomplished as you’d a home survey earlier than shopping for a brand new dwelling or piece of land to actually concentrate on what you take on.
“It’s worthwhile to contact the planning authority with an software requesting permission to do this work. If the planning authority doesn’t wish to grant that permission they’ll typically place a tree preservation order on the bushes in response, to make sure that they’re moreover protected,” says Sarah.
So should you’re on the stage that you simply’re looking for a plot of land for a self-build for instance, then figuring out how bushes on that land could impression your plans can be necessary to verify that info with a tree survey. Plotfinder, which is a part of Homebuilding & Renovating, is a good device for looking for land to purchase.
Discover out if there is a TPO in your tree
A tree safety order or TPO could have been positioned on a specific tree by the native authority if they’ve deemed it to be of amenity worth to the native space.
Sarah’s recommendation is to ask the planning authority whether or not there’s a TPO on a tree. “A TPO is a public doc which needs to be obtainable on request. Not all planning authorities have the identical info obtainable in the identical manner,” she says.
“Some may need an interactive on-line map you could search to seek out out, others may require a extra handbook request to be made to them to offer this info.”
In the event you do discover it has a TPO it shouldn’t be eliminated, besides beneath very particular circumstances, extra on that under. “You’ll be able to face a prison prosecution for eradicating a tree with a TPO which might result in a conviction in both the Magistrates or the Crown Courtroom,” says Sarah.
“The extent of effective within the Magistrates Courtroom is proscribed to £20,000. Fines are limitless within the Crown Courtroom. Additionally you’ll be responsible for the price of a replanted tree to interchange the one which was minimize down,” she says.
Eradicating TPOs
In the event you’re planning a dwelling extension and there’s a tree standing in your manner (actually. You could wish to attempt your luck with getting the TPO eliminated. In keeping with Sarah a tree with a TPO can in concept be eliminated. Very broadly talking Sarah says this will solely be accomplished if:
“An software is made first to the planning authority and so they present consent. Or if one of many exemptions set out within the The City and Nation Planning (Tree Preservation)(England) Rules 2012 apply.”
So for many functions, making use of for a TPO to be lifted is step one. In case your software is rejected then the tree stays the place it’s.
FAQs
Does planning permission override a TPO?
“If planning permission is granted for a growth and the work will contain felling or engaged on protected bushes then the planning permission overrides the Tree Safety Order (TPO),” says Sarah.
“It is because the TPO can have been thought of by the planning authority on the time the permission was granted.”
How lengthy does a TPO final on a tree?
“As soon as the Tree Safety Order (TPO) is confirmed after the preliminary six-month interval it turns into everlasting. It could last more than the actual tree as, as soon as a tree protected by a TPO has died, it’s to get replaced by one other tree of the identical sort in the identical place which the identical TPO routinely covers,” explains specialist tree lawyer Sarah Dodd.
What occurs should you harm a tree with a TPO?
“In the event you harm a Tree Safety Order (TPO) protected tree you may nicely be responsible of a prison offence if that was wilful harm. Relying on whether or not that harm will result in the demise of the tree you might be more likely to must replant a alternative tree,” says specialist in tree regulation Sarah Dodd.
“That alternative will routinely be coated by the identical TPO in safety. You may face a declare earlier than the magistrates courtroom and a effective. The effective may be much less if the harm was unintended quite than wilful.”
Do I must seek the advice of my neighbours earlier than I minimize down a tree?
“It relies upon. If that is your individual tree and there’s no safety on it then no you don’t legally must seek the advice of your neighbours earlier than eradicating a tree,” says specialist in tree regulation Sarah Dodd.
“Bushes on boundaries, bushes overhanging boundaries, inflicting shade, blocking gentle, inflicting subsidence, posing a heave danger flag up a number of potential points. Be an excellent neighbour and communicate to them about it even when the regulation doesn’t let you know that it’s important to,” she says.
In case you are unable to take away a tree, or determine towards it, why not construct them into your backyard landscaping concepts and attempt to make extra of a function of it? Maybe you will be glad that you simply did not do away with it in spite of everything!