Am I allowed to cut down trees in my own garden?

From the majestic oak to the weeping willow, trees are a vital part of life on earth and their presence should be respected however, there are times when a tree needs removing from a garden and it is important that homeowners understand what is and what is not permissible.

AM I ALLOWED TO CUT DOWN A TREE IN MY GARDEN?

Yes and no. If your tree has a TPO, (Tree Preservation Order) on it then no (or at least not without applying for a special license.)

As an article on the Woodland Trust blog explains,

‘A TPO is a written order created by a local planning authority such as a borough, district or unitary council or national park. The aim of a TPO is to give protection to trees that provide amenity value to the public. It is a criminal offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree protected by a TPO, or to cause or permit such actions, without the authority’s permission. If the tree in your garden can be seen and therefore enjoyed by the public, it could potentially have a TPO placed upon it. You can find out if the tree has a TPO by contacting the tree officer at your local council.’

Similarly, if your property is in a conservation area then the tree is protected and you may not cut it down or do work to it.

The Woodland Trust explains,

‘To request permission to perform tree worksyou will need to fill in an application form andsubmit it to the local authority. If you live in aConservation Area, trees in your garden are stillsubject to the same rules as trees with TPOs,despite not necessarily having TPOs placed specifically on them. Planning permission will override TPOs if it is necessary for a tree with a TPO to be removed for the development to go ahead. It's also important to bear in mind that it is illegal to fell trees during breeding season as it could result in the destruction of nests. ‘If the tree does not have a TPO and is not in a Conservation Area then you do not require permission to fell a tree if it is in your garden. Outside of gardens, you might require a felling licence from the Forestry Commission. ‘If you are in any doubt about the legalities of undertaking any works to a tree then look at getting in contact with your local council’s tree officer. Failing that, regional officers for the Forestry Commission may also be able to help advise you on the best way forward.’

REASONS TO REMOVE A TREE

There are many reasons you may need to remove a tree, it may be growing too close to your house allowing the roots to interfere with the building causing subsidence, it may be diseased or damaged which could lead to it collapsing and doing damage the house or injuring a person, or simply because it is blocking out light.

If the tree is too close to the house, make sure you check your home insurance policy – sometimes removing a tree can cause heave – when the moisture previously sucked up by the tree is now left to pool and it is safer to leave it. Ash, willow, elm, poplar and oak trees all suck up a great deal of water.

WHO CAN REMOVE THE TREE?

A qualified tree surgeon should always be used to remove a tree. You can find a list of Arboricultural Approved Tree Surgeons here: www.trees.org.uk/ARB-Approved-Contractor-Directory

CAN WE CUT TREES ALL YEAR?

As trees are home to nesting birds, it is recommended that you do not cut down trees between March and August, which is defined by the RSPCA as prime breeding season, in case there is a nest in the tree. The Wildlife and Countryside Act of 1981 states that it is an offence to ‘Intentionally kill, injure or take any wild bird’ or ‘Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.’ (There are exceptions to this law.)

It is worth noting that penalties that can be imposed for criminal offences in respect of a single bird, nest or egg contrary to the Wildlife and Countryside Act 1981 is an unlimited fine, up to six months imprisonment or both.

HOW TO REMOVE THE TREE STUMP?

It may be tempting to try to remove the tree stump yourself, however people need to be aware that this isn’t always the easiest, or the cheapest option.

If a large digger is used to pull out the stump, this could well bring the roots

with it, which may end up disturbing the structure of nearby buildings. The homeowner also has the issue of disposing of the unwieldy and heavy tree stump – not all will fit in the back of the car to be dropped at the local tip. Many is the time a stump grinder has been called in to grind down a stump because the homeowner found themselves unable to dispose it.

When a tree stump is ground out, the roots of the tree are left intact, meaning less risk of damage to the surrounding area. The stump grinder grinds the stump down into fine wood chips, that are left behind to partially refill the hole and provide an organic mulch. This can also be spread around other plants in the area to provide a natural mulch and weed protector.

Ideally a specialist tree-stump removal company such as Stumpbusters should be used to grind down any tree stumps. Operatives work on projects of all sizes, from clearing sites to build new housing estates, to removing individual stumps from the gardens of residential properties. New models of stump grinders can now be carried through a home, meaning rear access to the garden is not always required.

Stumpbusters operatives are fully qualified, trained and insured professionals who hold City & Guilds and CSCS accreditation.

To find your nearest Stumpbusters visit www.stumpbusters.co.uk