Tree and woodland management policies and procedures

Overhanging or obstructing branches

The Council will only consider cutting back branches from trees that overhang adjoining private property if it considers the trees or vegetation in question are causing 'severe or substantial encroachment'. It will not cut back trees on request if they are partially overhanging properties and otherwise not considered to be causing direct obstruction or unreasonable interference with the use and enjoyment of property. Landowners are also entitled to cut back to their boundaries (but not beyond) but are advised to check beforehand if the trees are protected by Tree Preservation Orders or located with a Conservation Area as permission will be required before undertaking work.

Shading and loss of light

The Council will not normally prune or remove trees to alleviate light loss unless they are causing substantial encroachment into a property or in the Council's opinion, are considered to be causing unreasonable interference with the use and enjoyment of property.

There is currently no legal right to direct sunlight or to a view and often pruning trees will only have a negligible impact on the amount of natural light reaching a house or garden. 

In exceptional cases and at its discretion, the Council may consider some remedial pruning work where it considers there will be sufficient benefit without compromising the health or amenity value of the trees in question.

Overgrown trees

The Council will not normally prune or remove trees that are perceived to be 'overgrown' or 'too big' unless they are causing some form of direct interference or legal nuisance in some way that requires the Council to take action, for example severe encroachment, obstructions, hazards etc.

There is no specific law on the size or height that trees are allowed to grow with the exception of evergreen conifer hedges (Leylandii). Restriction in height may be applicable under the High Hedges Bill (Antisocial Behaviour Act 2003) where a formal complaint is logged with the Council's Planning Enforcement section - contact  Planning administration on 01642 526022 for further guidance.

Dangerous trees

All Council owned trees are inspected on a regular cycle to assess their health and condition and to identify any essential maintenance, (for example, pruning to provide clearances over roads, paths, signage and remove dead wood or dead and dying trees). The Council will prioritise responding to reports of 'dangerous trees' based on the information provided at the time such as reports of storm damage, signs of breakage, dead, dying or diseased, obstructions caused. It will not prioritise or undertake additional tree inspections in the absence of adequate supporting information or reasons given, such as 'tree too big', 'moving in the wind' and 'taller than the house'.

Television and satellite reception

Although a television licence allows the operation of equipment to receive a transmission, it is not a guarantee of television reception and a television owner does not have a legal right to a viewable image. Removal or pruning of trees to enable a clear television or satellite reception will not normally be considered unless minor works can be undertaken without having any adverse effect on the trees in question.

Most televisions allow for a degree of variation in reception, which usually enables a viewable image, whereas satellite-television dishes need a clear line of view to the satellite. Where there is a persistent problem and tree pruning cannot provide a reasonable solution it will normally be necessary to seek further specialist advice to assist in either repositioning or improving the quality of the aerial device.

Minor nuisance

Minor nuisance includes issues such as bird droppings, falling leaves, fruit or flowers, conkers, seeds or other deposits, insects and pollen allergies. 

These types of nuisances sometimes associated with trees are natural and usually seasonal occurrences however, they are not regarded in Law as causing a 'legal nuisance' that requires remedial action by a tree owner. Instead the Law regards these types of nuisance as 'inconveniences' which should normally be dealt with by individual landowners as part of their own ongoing 'property maintenance' (in some cases this may require assistance from others or paid services but the Council has no legal duty to assist).

The Council will not therefore undertake tree pruning or removals to try and alleviate the effects of this type of nuisance. Other forms of minor nuisance where the same applies may include, for example, Insects, pollen, allergies or asthma.

Overhead cables

Utility companies have certain legal rights to carry out works to public or privately owned trees to address health and safety problems and to maintain clearance between trees and their apparatus, for example, overhead electricity cables. The Council will not arrange this maintenance work but will cooperate with utility operators to adopt the most appropriate long term solution, giving consideration to tree health, local tree cover and visual amenity.

Problems caused by branches interfering with privately owned telephone wires can usually be dealt with through appropriate pruning, for example, 'thinning' of tree canopies to prevent tree branches contacting cables - where noted during inspections this will normally be included in routine maintenance programmed by the Council. Priority will also be given to pruning trees affecting cables required to provide 24 hour care services to residential homes.  

Damage caused by tree roots

Many tree conflicts arise on account of the presence of tree roots and the perception that they are causing damage. Enquiries will be investigated on an individual basis in accord with the following guidance to assess the level of nuisance and to identify appropriate remedial action:

Root invasion in gardens

Tree roots in gardens are a natural and common occurrence and in most cases cause no direct interference with properties.

Where they trespass from neighbouring land and cause a direct problem however, landowners have a common law right to cut them back to their boundary, providing that this would not lead to tree death and providing that the tree in question is not protected by a Tree Preservation Order (TPO) or within a Conservation Area. The owner of the tree is not normally obliged to take preventive or remedial action unless actual 'damage' is caused (does not normally include lawns). The Council will therefore not cut back trees or their root systems unless it is considered absolutely necessary to abate an actionable nuisance or where in its opinion considers there is unreasonable interference with use and enjoyment of property and actual damage has been caused to property. A landowner may also be entitled to make a claim for cost of repairs for any sustained damaged to property.

Damage to walls, fences and paths

It is normally possible to build or repair garden walls, fences and paths to take account of adjacent trees, for example, installing a section of railing or bridging foundations around the base of a tree. Where trees are considered to be causing damage to walls or fences, the Council will consider tree removal where the wall or fence is of exceptional importance or clearly pre-dates the tree, for example, a retaining wall of historical interest. If a damaged wall or fence was constructed after planting of the tree, it may mean that the design or construction has failed to take the presence of nearby trees into account. The Council will not necessarily remove trees if this is the case but may permit or consider some root pruning prior to repairs. An assessment will also be made of the amenity value of the tree and its long term suitability; if there is likely to be persistent conflict; or if repairs are not considered feasible. In some cases, a landowner may also be entitled to make a claim for cost of repairs for any sustained damaged to property.

Damage to drains or water pipes

There is no evidence to suggest that tree roots can actively penetrate an intact pipe or drain, however fibrous roots will commonly exploit defects in pipe work that result in water leakages. In these situations, the owner of the drain should seek to get the drain repaired or replaced at their own expense and prune roots directly interfering with the pipe work. The council will not normally accept liability for this type of damage therefore tree removal will not normally be considered. In some cases, there may be an exception where a tree has been planted directly on top of an existing service and the expansion of its root plate (anchorage roots) is causing direct displacement of pipe work. Cases such as this will be assessed on an individual basis with consideration given to options for remedial works, associated costs, tree asset value, future sustainability. The Council will also be guided by 'Northumbrian Water - Tree planting and Water Services'.

Tree related subsidence

Tree-related subsidence is generally only a problem in those areas which are underlain with shrinkable clay soils. Although trees are commonly implicated as being a cause of damage, a variety of factors can cause structural failure, such as inadequate foundation design, major works to adjacent properties, previous internal alterations, differential foundation depths between buildings and extensions, change of surface materials in close proximity to trees, or seepage from broken or poorly maintained water pipes.

Providing technical evidence of tree related damage

Applications for works to protected trees on private land (those within a Conservation Area or under a Tree Preservation Order) in relation to alleged damage, or requests or claims to remove trees on Council land are expected to be accompanied by evidence to show that the trees in question are a significant contributory factor in any damage.

For example, permission or requests to remove trees or undertake works will not be considered without evidence of the following:

• structural report providing documented evidence of actual damage including crack and level monitoring records as appropriate (up to 1 year monitoring to show patterns of movement)
• category of damage as per Building Research Establishment classifications
• details of all relevant trees and vegetation within the theoretical 'zone of influence'
• formal identification of live roots of the same family or species found below the level of the foundation depth
• geo-technical survey indicating location of trial pits and soil profiles; moisture contents; evidence of desiccated shrinkable clay soil
• details of foundation design and depths and whether the building was constructed before or after the tree was planted
• other evidence may be required in some circumstances, such as a drain survey, other structural assessments

Removal of trees will not normally be considered where insufficient evidence is submitted or where building or foundation design has failed to take into account the presence of existing trees at the time of construction. The Council may however in some instances agree to tree removals where there are clear visible signs of direct damage caused by the trees in question; they are unsuitably located in view of species characteristics, future dimensions and it is clearly foreseeable they will cause continuing damage.

Other options for remedial works will also be considered.

Insurance claims relating to Council owned trees

Claims are to be directed, in the first instance, to Stockton Council's Risk Management and Insurance Services, Stockton-on-Tees Borough Council, Dunedin House, Columbia Drive, Thornaby, Stockton-on-Tees, TS17 6BJ. They may then be dealt with by the Council's Independent Claims Handlers or Insurers, who may request appropriate supporting information as detailed in Section 10.

All claims will require submission of a notice of claim form which can be sent via post or email.

Tree works within Conservation Areas and to trees protected by Tree Preservation Orders (TPO's)

Trees in Conservation Areas and trees covered by Tree Preservation Orders (TPO'S) are protected in law under the Town and Country Planning Act 1990 (including subsequent regulations). The Local Planning Authority may make provision for the preservation of trees or woodlands in their area if it appears to them to be 'expedient in the interests of amenity'. This normally includes for example, prominent trees that contribute to the visual amenity and character of the local landscape and environment.

The owner of the tree must apply to the Local Planning Authority to obtain formal written consent prior to undertaking any works. Failure to do so is an offence under the Act and the owner or persons undertaking the work may be liable to conviction in a Magistrates Court, leading to imposed fines.

The landowner is responsible for the management or trees within their ownership, not the Local Authority, whose role is purely to regulate permissions to undertake works to trees and where applicable, apply conditions to specify nature and extent of what work is permitted. The owner of a protected tree can apply to do works at any time, free of charge. In some cases, there are exemptions (exceptions) from the formal requirement to obtain written consent. For example, for the immediate removal of 'dead or dangerous' trees. The tree owner will require authorisation from the LPA before proceeding with any such works under an 'exception' or will need to retain evidence (for example, photographs) of tree condition and works undertaken if they need to be carried out immediately (for example, unstable trees).

The Council will normally undertake site visits on request to give 'pre application guidance' or to verify and authorise works that can be done under exemption.

Assessment of tree work applications

The Council will normally grant written consent, subject to conditions, where the work is deemed to be appropriate or necessary tree maintenance; in line with good arboricultural practice and not likely to have a negative impact on the long term health and amenity value of the trees in question.

Applicants may also be required to provide independent technical reports to substantiate proposals to fell or prune trees that are claimed to be hazardous or to be causing structural damage to properties.

There is a standard duty to replace trees that are removed on 1 for 1 basis and the Council will serve a Replacement Notice if this is not undertaken within a reasonable time period following removal of a protected tree.

The Council can also provide a list of Arboricultural contractors and consultants and general guidance on employing a contractor to do tree work.