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do you need permission to cut a tree down in your garden

by Theodora Mosciski Published 2 years ago Updated 2 years ago
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If you want to fell a tree

  • Felling a tree in your garden If you own your home, you don’t need permission to fell a tree that’s solely within your garden unless it’s: subject to a Tree Preservation Order in a Conservation Area. ...
  • Felling licences Where a tree must be felled outside of a private garden, you may need a felling licence. ...
  • Alternatives to felling ...
  • After you have felled a tree ...

A permit is needed to remove any tree with a diameter at breast height (DBH) of eight inches or greater or an ornamental or evergreen tree with a height of 10 feet or more. Residents should consult the Tree Removal Instructions where they will find a link to the Application for a Tree Removal Permit.

Full Answer

Is it against the law to cut down a tree?

It is vital to remember that it is against the law to fell or cut back a tree if it will affect nesting birds. If you are the homeowner, then you won’t need to obtain permission to fell a tree that is growing within the boundary of your property, unless it is subject to a Tree Preservation Order (TPO) or is in a Conservation Area.

Do I need permission to prune a tree in my garden?

You will need permission to fell or prune a tree in your garden or land if: It is covered by a tree preservation order – you will require permission from your local authority. It is within a designated conservation area – you are required to notify your local authority to get permission.

Do you need a licence to cut down a tree?

For trees growing outside of private gardens to be felled, a felling licence may be required. If the tree or group of trees to be felled amount to five or more cubic metres of timber by volume, then it will be an offence to fell without a licence.

Do I need planning permission to cut down a tree in Ireland?

Many forestry type operations in Ireland are exempt from the requirement to obtain planning permission. In general, the cutting of trees is a process that is administered by the Department of Agriculture, Food and the Marine, not your local authority.

What to do if a tree is at risk?

What to do if you suspect a tree has been felled?

What is a liability for a tree falling?

Do you need a licence to fell a tree?

Where to seek advice on tree work?

Is it illegal to cut down trees without permission?

Do you need permission to fall a tree in your garden?

See 4 more

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Do I need permission to cut down a tree on my property UK?

Yes, you will need permission from the Local Planning Authority to cut live growth if 1) any trees within a Conservation Area which have girths/stems (including any multi-stemmed trees) of 75mm in diameter (3 inches/7.5 centimetres) or greater at 1.5m above ground level or 2) a tree which is protected by a Tree ...

Can I cut down the trees in my garden?

Felling a tree in your garden If you own your home, you don't need permission to fell a tree that's solely within your garden unless it's: subject to a Tree Preservation Order. in a Conservation Area.

What permission is required to cut a tree?

2. What is the procedure for getting the permission for felling of trees under Tree Protection Act 1976? For felling of trees or for removal of fallen trees the applicant should submit his land ownership (where the tree is located) an application to the competent authority with evidence.

Do you need a permit to cut down a tree in Massachusetts?

They usually require that a permit be obtained before protected trees can be removed, encroached upon, or in some cases, pruned. Some tree protection ordinances may disallow their removal.

Is it a criminal Offence to cut down a tree?

It is a criminal offence to cut down, top, lop, uproot, wilfully destroy or damage a tree in a manner likely to destroy it, without our consent, and, on summary conviction, you could be fined up to £20,000 (and on conviction on indictment, to an unlimited fine).

Is it illegal to cut down a tree?

It is an offence to fell trees without a licence, where one would have been required. There are some exceptions that can apply, but in many instances a felling licence will be required.

Can I cut down trees on my own land?

Procedure to follow when felling trees The Forestry Act 2014 (replaced the 1946 Act) contains the main provisions for the felling of trees. Under this act it is an offence for any person to uproot or cut down any tree unless the owner has obtained permission in the form of a felling licence from the Forest Service.

Can I cut down a tree in front of my house?

A Generally, yes; you can cut back any part of a tree (or any other plant), including the roots, which encroaches on your boundary, as far as the boundary line.

Which trees can be cut?

Previously, only two trees were there in the exempted list namely eucalyptus and poplar. New trees added to the list include bakain, bamboo, tut, guava and Ailanthus increasing the number to seven. “These trees are used as crops in rural areas therefore do not require any permission before cutting.

Can I cut trees on my property Massachusetts?

Explains the holding in Shiel v. Rowell: If a tree is healthy, a property owner does not have to cut it down or trim it to please a neighbor. If branches or roots cross a property line, the neighbors can cut them themselves.

When can you cut trees down?

If your tree has a less severe problem, one of the best times to remove trees is during the dormant season, between late winter and early spring. Here's why. Dormant trees are leafless and lighter, so it's much easier for a certified arborist to cut and handle the branches.

Who is responsible when a neighbor's tree falls in your yard?

Having trees checked regularly and dead wood removed is the most responsible – and wisest – thing you can therefore do. Where a tree from a neighbouring property has fallen onto your land, the owner of the tree will be responsible for the cost of clearing it, although it may well fall to you to arrange its clearance.

Can I cut a tree down on my property?

Procedure to follow when felling trees The Forestry Act 2014 (replaced the 1946 Act) contains the main provisions for the felling of trees. Under this act it is an offence for any person to uproot or cut down any tree unless the owner has obtained permission in the form of a felling licence from the Forest Service.

Is it illegal to cut down trees UK?

Before anyone can cut down trees, they may need to get a felling licence from the Forestry Commission. Our booklet Tree felling: getting permission provides an overview of when a felling licence is required.

Can I cut down conifers in my garden?

Conifers, including pine, spruce, fir and juniper, can be a lovely, colorful addition to a yard or garden, but conifer removal is sometimes necessary. The best way to kill coniferous trees is by cutting them down and killing and removing the stump to prevent them from regrowing.

When can you cut trees down UK?

Do I need permission to cut down a tree or remove branches on my property in the UK? If you own your home, one does not need permission to cut down a tree that is solely in your garden, unless it has been designated as needing preservation through the Tree Preservation Order or Conservation Area.

Can I be sued for cutting down a tree in my own garden?

Hi folks, I'm finding myself in a situation regarding a tree I cut down.The tree was on my land and no protection order was in place according to searches when I bought the house (3 years ago).

How to get the council to cut down trees. Find out here

Frequently Asked Questions Are there particular species of tree which are normally the subject of a Tree Preservation Order? People often think that TPOs are aimed at certain types or age of tree but this is not the case; any species of tree can be the subject of a TPO and TPOs are often made on very young trees which have been planted alongside new roads or on developments, to ensure they ...

Can You Cut Down Trees In Your Garden? | GWlegal

It may seem like a simple fix - your back garden is looking a little unruly, the view is blocked or there simply isn’t enough afternoon light, so you cut down a few trees.Problem solved, right? As it turns out, it’s not always easy. A recent story in the news has reinforced the importance of checking out the rules regarding the removal of trees before you start hacking away with those ...

Tree felling licence: when you need to apply - GOV.UK

Who can apply for a licence. Anyone can apply for a felling licence, but it must be issued in the name of the owner or lessee of the property. Lessees must ensure that their lease entitles them to ...

Resolving neighbour disputes: High hedges, trees and boundaries - GOV.UK

Disputes with neighbours - noisy neighbours, barking dogs, statutory nuisances, high hedges, mediation and when your council can step in

Trees and the law / RHS Gardening - Royal Horticultural Society

Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership.

Who is responsible for cutting trees?

The cutting of trees is a process that is administered by the Department of Agriculture, Food and the Marine , not your local authority. Photograph: Getty Images/iStockphoto

Do you need planning permission for forestry in Ireland?

Many forestry type operations in Ireland are exempt from the requirement to obtain planning permission. In general, the cutting of trees is a process that is administered by the Department of Agriculture, Food and the Marine, not your local authority.

Is it illegal to fell trees without a licence?

Section 19 of the Forestry Act 2014 details situations where the requirement for a tree felling licence is exempted. It is an offence to fell trees without first having obtained a felling licence if an exemption does not apply.

Can you get a felling licence in 2014?

It [Forestry Act 2014] introduced a single application process to obtain a felling licence, if required. Since you wish to cut trees and you have not indicated their age, type, where exactly they are in your garden, the size of your garden or where the suburban garden is actually located it is best that you proceed with caution.

Can you cut down trees without a TPO?

Unless you are absolutely certain that none of the trees that you wish to cut are the subject matter of a TPO you should contact your local authority to confirm their actual status. If any of the trees that you wish to cut down are the subject matter of a TPO the principle effect is that you may not cut, top, lop or wilfully destruct them without ...

Who is responsible for the safety of a tree?

If there are, it is your responsibility as the landowner (not the council’s) to ensure the tree is safe and kept in good condition. Once a TPO is in place it is the landowner, rather than the local planning authority, that is responsible for the safety and condition of the tree and any potential damage it may cause.

How to manage a TPO tree?

If you would like to manage or fell a TPO tree, you must submit an application with your local planning authority. Contact the council in your area for more information.

Why are trees important?

Trees are important for a number of reasons - they provide a refuge for wildlife, add to the landscape; aid the environment; and create biodiversity hotspots. There are much bigger issues at play then simply whether your garden looks neat and tidy and how much light you receive.

Do you need to consult the council before doing work?

There may be special rules in place, if your property is in one of these special areas, and you’ll need to consult the council before carrying out any work .

Is it easy to remove a tree?

As it turns out, it’s not always easy. A recent story in the news has reinforced the importance of checking out the rules regarding the removal of trees before you start hacking away with those garden shears.

Why is it necessary to fell a tree?

Felling necessary for the prevention of danger or the prevention or abatement of a nuisance (eg. which may involve threat of danger to a third party). This exemption will only apply if there is a real rather than a perceived danger. The Forestry Commission may be able to give you advice that would minimise the danger without felling the trees. You may be prosecuted for illegal felling if it is shown that the tree did not present a real or immediate danger.

How much notice do you need to give to remove hedgerows?

Remember, you are required to give the local authority six weeks’ notice if you intend to remove the hedgerow and failure to do so is a criminal offence.

What is a lopping and topping tree?

Lopping and topping (which usually includes tree surgery, pruning and pollarding). Felling included in an approved dedication plan. Felling fruit trees, or trees growing in a garden, orchard, churchyard or designated public open space (eg. under the Commons Act 1899).

Can you remove trees during the breeding season?

They will make enquiries to establish if permission is required from the local authority. Finally consideration should be given to wildlife – removing trees during the breeding season could be problematic to birds and other wildlife so consider undertaking works during the winter.

Do you need a licence to fell trees in London?

If you have a site, not within inner London or in a private garden, with a large number of trees you will probably require a licence from the Forestry Commission. In any calendar quarter, you may fell up to 5 m³ on your property without a licence as long as no more than two cubic metres are sold. If in doubt, check. Certain types of felling do not need permission from the Forestry Commission. The Forestry Act 1967, as amended, and related regulations gives these exceptions in full. The main categories for exceptions are listed below:

How big of a tree can you cut down without council permission?

The only time tree work can proceed in a Conservation Area without council permission is when it involves cutting down, lopping, topping or uprooting a tree that has a diameter less than 75mm, or cutting down or uprooting a tree with a diameter less than 100mm so as to improve the growth of another tree.

What is the law on cutting down trees?

The Law on Cutting Down Trees: All You Need to Know. When it comes to cutting down trees, careful consideration is vital. Whilst it may be the only option, perhaps for safety reasons, the process of felling a tree is subject to a variety of legislation. Whether you are looking to cut down or protect a tree, the following advice will help you ...

What are the alternatives to felling trees?

It is vital to consider that the felling of any tree will impact upon people and wildlife. It should always be a last resort.

What to do if you suspect a tree has been felled?

If you suspect that a tree has been felled illegally, you should contact your local planning authority, or the Forestry Commission.

What is a tree surgeon?

A qualified tree surgeon will help you ascertain the best course of action, and will be able to provide expert guidance on how best to manage trees that are causing issues.

What happens if you cut back a tree in your garden?

If whilst carrying out work on a tree in your garden, you cause injury or damage to a neighbour or their property, then you will be liable. If a tree is growing in your garden but branches are overhanging neighbouring property, then the neighbour has a right to cut back the branches.

Can a tree be pruned without permission?

Once a tree has a TPO on it, it cannot be pruned or cut down without permission . If you feel that the risk to the tree is looming, you can ask for an emergency TPO to be applied which will prevent any work being carried out whilst the council looks into the matter further.

What to do if a tree is at risk?

If a tree you know and love is at risk, ask the council to put an emergency TPO on it. This prevents the tree being chopped down or tampered with while the council investigates further.

What to do if you suspect a tree has been felled?

If you suspect a tree has been felled illegally, contact your local planning authority or the relevant government department:

What is a liability for a tree falling?

Any injury or damage caused to a neighbour or their property from tree works or felling is your liability, for example if the tree falls in an unexpected direction onto a shed.

Do you need a licence to fell a tree?

Where a tree must be felled outside of a private garden, you may need a felling licence. If the tree, or trees, amount to 5 cubic metres of timber by volume, it’s usually an offence to fell without one.

Where to seek advice on tree work?

If you’re in any doubt about the legalities of undertaking works to a tree, always seek advice from your local council or the relevant government department:

Is it illegal to cut down trees without permission?

Without permission, it’s an offence to cut down, uproot or wilfully destroy any trees: subject to a Tree Preservation Order (TPO) in a Conservation Area. over 5 cubic metres in volume (whether an individual tree or several smaller trees).

Do you need permission to fall a tree in your garden?

Felling a tree in your garden. If you own your home, you don’t need permission to fell a tree that’s solely within your garden unless it’s: subject to a Tree Preservation Order. in a Conservation Area. If you rent your home, you must get the landlord’s permission first.

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12 hours ago  · If they must be cut down, then existing circumstances need to be made clear during the permit application. Tree cutting permits aren’t automatically granted. A permit may be …

2.Cutting Down Trees: Law & Legislation - Woodland Trust

Url:https://www.woodlandtrust.org.uk/blog/2021/03/tree-cutting-permission/

26 hours ago  · If you are a homeowner and own the land in which a tree is growing, then you can typically cut it down without having to obtain permission. However, if your land is located in a …

3.I want to cut trees in my garden, do I need planning …

Url:https://www.irishtimes.com/life-and-style/homes-and-property/i-want-to-cut-trees-in-my-garden-do-i-need-planning-permission-1.3402083

17 hours ago  · Many forestry type operations in Ireland are exempt from the requirement to obtain planning permission. In general, the cutting of trees is a process that is administered by the …

4.Can You Cut Down Trees In Your Garden? | GWlegal

Url:https://gw.legal/articles/can-you-cut-down-trees-in-your-garden

6 hours ago  · According to the Woodland Trust, cutting down, uprooting or wilfully destroying a tree that is subject to a Tree Preservation Order (TPO), is in a conservation area, or is over 5 cubic …

5.Trees - do you need permission to cut them down?

Url:https://www.planninggeek.co.uk/planning/conservation/trees/

7 hours ago The owner of the land may not allow someone to cut down a tree without his permission. (2) The owner of a tree may cut it down only if he or she has obtained the consent of all the persons …

6.The Law on Cutting Down Trees: All You Need to Know

Url:https://thtreeservices.co.uk/the-law-on-cutting-down-trees-all-you-need-to-know/

35 hours ago Trees that are diseased, dead or dangerous can be removed at any time. This means cutting down trees on your own property without permission is not illegal as long as they were already …

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