| Conditions / Reason for Refusal: |
01
Consent is granted to the following schedule of works, and refers to the applicant’s submitted report:
Tree/Species Consented Works
T1 (Cherry laurel) Branches to be cut back up to height of metal fence.
T2 (Oak) Branches to be cut back up to height of metal fence.
T3 (Elder) Branches to be cut back up to height of metal fence.
T4 (Hazel) Branches to be cut back up to height of metal fence.
02
All tree works detailed in condition 1 shall be carried out in accordance with British Standard 3998: 2010, unless otherwise stated in the application.
03
Please note the authorised works should be completed within 2 years of the decision notice otherwise a new application for consent to carry out any non-exempt tree work will be required.
Informative:
The Common Law right with respect to encroaching trees allows for the cutting back of overhanging branches/roots, which can be reached from within your property, back to but not beyond your boundary line. Although the law allows for this limited pruning it states that you must not:
• Leave the tree in an unsafe condition.
• Cut or remove any part of a tree that does not overhang your property.
• Cause the death of the tree or leave the tree in an unsafe condition as a result of the works you have undertaken.
For residents considering undertaking action under their Common Law right the Council advises that they:
• Consult with or appoint a professional tree surgeon for guidance on how best to prune back encroaching trees.
• Inform the owner of the trees what they plan to do and allow them the option to undertake the works to rectify the issue themselves.
• Determine if the trees are protected by a Tree Preservation Order or if they are in a Conservation Area. If trees are protected, then planning consent will be needed before works can be undertaken.
• Consider disposal of the branches. Legally they do not own those parts of the tree that encroach over their property, and they should make an offer to return any materials, although these do not have to be accepted by the tree owner.
Overhanging branches removed from Council trees under the Common Law right do not need to be returned to the Council, but it is requested that the vegetation should be disposed of responsibly, such as:
• Adding to a compost heap.
• Placing in the Council’s green waste bin service.
• Taking it to your local household recycling centre.
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