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Can I Remove A Tree On My Property

  • Posted by:
  • Admin
  • Tags:
  • Permission, Property, Permit, Wildlife, Felling
  • Posted date:
  • 26-04-2023
Can I Remove A Tree On My Property

Can I remove a tree on my property? Rushtons Tree Care are professional tree surgeons working throughout Preston and Lancashire. We look at what a tree felling licence is and what happens if you cut down a tree without a permit.

Can I cut down a tree on my land?

If you have trees on your property, you can cut them down without permission under certain circumstances. Trees are regulated for safety and environmental reasons. If your trees are protected by a Tree Preservation Order (TPO) issued by your local planning authority, you can't prune or fell them without permission.

Who owns the tree?

Trees belong to the property owner on whose land they were originally planted. You don't have any rights to trees on neighbouring properties, even if the branches or roots encroach on your property. You can trim overhanging branches, but you must return all cuttings and fruit if the tree's owner asks for them. 

Can I Remove A Tree On My Property? Tree Surgeons In Preston, Lancashire

Do you need permission to cut Trees down?

In the vast majority of cases, you won't need permission to cut down trees. However, this isn't always the best thing to do. 

There are many ways to control the growth of a tree without cutting it down completely. Since they provide fantastic shelter and habitats for a range of wildlife, felling a tree should be a last resort.

Again, if your trees are protected by a TPO, you will need to get permission to cut them down. TPOs can be annoying, but they are important for guarding our environment and protecting habitats and rare tree species. They can also be used to guarantee public enjoyment of the trees. 

The main reasons you'll need to apply for permission to cut down a tree include:

It is protected by a Tree Preservation Order.

Your property or the tree is in a Conservation Area.

It is in a Site of Special Scientific Interest (SSSI, or ASSI in N. Ireland).

It stands within a rented property, meaning you'll need the landlord's permission to cut it down.

It is protected by a Legal Covenant.

It stands on the site of a new development and is protected under the conditions of the original planning permission.

Cutting trees in a conservation area

Every tree within a conservation area is protected, even if it doesn't have a TPO attached to it. If you want to prune or fell a tree in a conservation area, you'll need to apply for permission. You'll do this using a Section 211 Notice with your local planning authority.

This gives them a 6-week notice period before the work starts. During that time, they can assess the tree and whether it deserves a TPO.

What Is A Tree Felling Licence? Preston, Lancashire

What is a Tree Felling Licence

If you want to fell a tree outside of your private residence, you'll need a felling licence. This also applies to trees measuring greater than 5 cubic metres in volume. Felling a public tree without a licence or consent is a serious offence.

What Happens if You Cut Down a Tree Without a Permit?

If your tree is entirely on your private property, you can fell it without a permit. However, if someone notices and passes this on to your local planning authority, they may launch an investigation into whether you followed the correct procedures. 

If this investigation finds you in the wrong, you could face a fine or a court summons.

If you require specialist tree services in Lancashire, whether for pruning and maintenance or felling and site clearance, Rushtons Tree Care is here to help. Our professional team of qualified tree surgeons will be happy to help with all your arboricultural needs.