Tree Policy
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Sutton Bridge Parish Council
Tree Policy
This is a policy for the management of trees and managed by Sutton Bridge Parish Council.
A principle of English Common and statute Law is that land/tree owners have a duty of care to
visitors, residents, passers- by and indeed trespassers when on their land.
Any queries on trees belonging to Sutton Bridge Parish Council, should be made to the Parish
office,telephone 01406 350802 or email: clerk@suttonbridge-pc.gov.uk Trees on other spaces
may be the responsibility of South Holland District Council 01775 761161.
Trees situated within the public highway, adjacent to the road or on roadside verges are
generally the responsibility of Lincolnshire County Council you can contact them on
01522 782070 or www.lincolnshire.gov.uk .
Trees help to add variety to our landscape and provide valuable habitats for many species while
providing us with cleaner, filtered air. Sutton Bridge Parish Council aims to preserve Sutton
Bridge’s trees for future generations to enjoy.
Work that Sutton Bridge Parish Council will carry out on Parish Council Owned Trees.
In maintaining our trees, we will:
• Remove dead, dying and dangerous trees
• Remove dangerous and damaged limbs
It is our policy to survey our trees on a regular basis, but if trees require work under this section,
members of the public should contact: clerk@suttonbridge-pc.gov.uk The trees will be inspected
and if works are required this will be programmed as necessary. All works carried out on private
land by Contractors employed by the Parish Council, prior permission would be sought before
any work commenced.
Work that Sutton Bridge Parish Council will not carry out to Parish Council Owned Trees.
We have no obligation to carry out the following tree works:
• Cut back branches overhanging private property.
• ‘Top’ trees or remove branches to increase daylight or decrease height in relation to property.
• Remove branches or trees affecting views or interfering with TV reception.
• Remove branches or trees to prevent falling leaves, honeydew from aphids or other minor debris.
• Remove roots from drains or repair root damage to structures, where the tree has not been clearly
demonstrated to be the principle cause.
• Remove branches or trees to prevent potential root damage to structures.
• Remove branches nearly touching buildings, walls, roofs, fences etc.
• Remove branches or trees to prevent access to squirrels or birds.
If members of the public would like tree works carried out as per this section, they should make their
own arrangements as described below. The Parish Council reminds residents and land owners that
pruning may be carried out on unprotected trees (i.e. not subject to a Tree Preservation Order)
where they overhang your property, VERTICALLY in line with your boundary.
Carrying out Tree works yourself and Pruning Guidance.
In common law, a property owner can cut back overhanging branches to the boundary of his/her
property.All pruning material must not be thrown back over the boundary, as this could be classed
as fly tipping.The Parish Council would usually have no objection to property owners
carrying out tree work or engaging a contractor at their own expense, provided that:
• Access is not gained onto neighbouring land or to a tree within that land; if access to our land or to a
tree on that land is required, our permission must be sought.
• Where trees are in public community areas and access is required to carry out pruning, you will
require written permission before carrying out such work from the community area.
• The tree is not situated in a Conservation area or protected by a Tree Preservation Order (TPO).
• Any work done to a tree is not detrimental to its health or stability; for their own protection
members of the public are advised to obtain advice from a qualified tree surgeon.
• For tree pruning work, whoever does the work, it is carried out to an acceptable standard, in
accordance with the British Standard Recommendation for Tree Work 3998:1989.
• The property owner notifies us (before the work begins) of the proposed work and commencement
date.
The Council does not carry out works to privately owned Trees
Tree Removal
The Parish Council will avoid felling trees unless it is necessary. Tree felling will usually be for health
and safety purposes, or to prevent the spread of serious diseases and pests. The Parish Council
reserve the right to fell trees to prevent overcrowding, to improve habitats, to restore landscapes
in line with site management or to remove a tree that is inappropriate to its location and has a
significantly detrimental impact on the appearance or amenity of a site.
Emergency Procedures
If a tree presenting a hazard is observed by a member of the public and is deemed potentially
dangerous and constitutes an emergency, then the appropriate authority should be notified to
enable a prompt response to be made. An emergency would be classed as:
• Imminent danger to property or persons.
• A blocked road resulting from a fallen tree.
Emergency Contact Numbers;
South Holland District Council 01775 761161 , Lincolnshire County Council 01522 782070
For Trees located in the Memorial Park, Car Park or Garden of Rest that are causing imminent
danger to property or persons please contact; The Parish Office T; 01406 350802,
email clerk@suttonbridge-pc.gov.uk .Full details of the Policy can be found on the
Parish Council website on sutton-bridge.parish.lincolnshire.gov.uk
If you are in doubt as to the rights you may have or actions you are considering taking
regarding trees owned or managed by the Parish Council, please contact the
Parish Office to discuss before proceeding.
Appendix 1.
Trees and Boundaries
Overview.
There is nothing to prevent any owner planting or growing a tree anywhere on his/her property.
Neither is there any restriction upon the size to which the tree may grow. A tree overhanging a
neighbour's property may be a nuisance and the neighbour is permitted to remove any branch
or root that reaches into his/her property beyond the boundary line.
The tree owner has no legal obligation to prune the branches back to the neighbour’s property
boundary line.Cutting back of over hanging branches can be done without notice to the owner
but pruning material must not be thrown back over the boundary. This common right is
invalidated if the tree concerned is subject to a Tree Preservation Order (TPO) or lies
within a Conservation Area.
Any work carried out should be to modern tree pruning recommendations. However, this should
be flexible to allow a common-sense approach to householders to prune sensibly without incurring
unacceptable and unnecessary costs.
Trees encroaching over a public thoroughfare that cause obstruction or restrict the view of road
users may be regarded as a danger and the Local Authority Highway Service may serve notice
on the tree's owner to address the problem.The tree owner owes a duty of care to all third parties
and is at all times liable for any nuisance or damage his/her tree causes.
Should a tree owner neglect to address a known defect in his/her tree and it causes damage,
the tree owner may be held liable for negligence. This duty of care extends even to persons
who may trespass onto private land.
Communication
A parishioner, or their agent, wishing to discuss a particular aspect of this policy should contact the
Clerk, who will then pass on details to the Parish Council. The Parish Council will formally reply to
enquiries and act to bring about an effective resolution within a reasonable timescale.
Arbitration Process
This Policy has been developed to encompass all aspects of English law that are applicable to trees
located on or near adjacent property boundaries and the care of such trees in accordance with current
'best practice' guidelines and wider consideration for the green environment.
The Parish Council will discuss the Policy content if a parishioner, or their agent, expresses particular
concerns relating to their property, its boundaries or other similar concerns. The Parish Council will
enter into an arbitration process, should this be necessary, at full cost to the parishioner
(or their agent) who requests such.
Adherence to this Policy
Unless confirmed in writing from the Parish Council, no deviation from this policy and its
implementation is permitted. Deviations will only be permissible via a formal Parish Council meeting
and a majority vote for such deviation obtained. Any action found to have been carried out
contrary to the Policy will be acted upon to include seeking of full compensation through the Small
Claims Court and possible prosecution under current English law in force at that time.
Review of this Policy
This Policy will be reviewed every 3 years.
Appendix II
Trees and the Law
Introduction
This appendix gives a brief outline of some of the more common points of the law affecting trees. It
is not a definitive guide and is not intended to be used as such. As the law is complex there may be
exceptions to the rules. Always seek legal advice if clarification of the law is required.
Who owns Trees?
Trees are the property of the owner of the land on which they grow. When it’s obvious where the tree
is growing ownership can be assessed easily. However, if a tree is growing adjacent to or spanning
boundaries ownership detection can be problematic. To find out who owns the tree, first establish
where the boundary line runs and on which side the tree first grew or was planted. Neither of these
is easy to find out especially if the tree is mature. Property deeds will sometimes definitely place
the trees. Otherwise, an amicable agreement between landowners should be sought. If an
amicable agreement is impossible, a court will decide. Remember that all trees are owned by
somebody.
Responsibility for maintaining trees
The owner of the tree is responsible for maintaining it in good order. In the case of tenants or
leaseholders, it is usually the landlord who is responsible unless the tenancy agreement or lease
specifically states otherwise. The responsibility for maintaining a tree does not necessarily require
regular action, but if someone is injured or the property is damaged because the owner did not
maintain it, a liable case, due to negligence, could be brought against the owner.
Trees that overhang boundaries
It is not the responsibility of the tree owner to prevent their trees from overhanging an adjacent
property. Common law provides a 'right' for a landowner to cut back encroaching branches or
roots from a neighbour's tree. The individual scenario must be reviewed to ensure that this
view of Common Law applies and it should be noted that action under this law brings
conditions that must be adhered to.
A frequent problem is the extent and positioning of pruning allowed under this 'right', frequently
does not compare with modern tree pruning recommendations and if taken to the letter of the law,
may result in a disfigured and potentially dangerous tree. The property owner will not be protected
should damage or loss occur. The branches and roots can only be cut back as far as the boundary.
Care must be taken when cutting back roots to avoid killing the tree or causing it to fall over. The
tree cutter/neighbour has no right to cross the boundary, or trespass on another property, to do
this.
Any cut branches and fruit remain the property of the tree owner. Disposal of the pruning’s or fruit
without the owner's permission could be considered theft or criminal damage. It is advisable to ask
the owner if they require the branches and/or fruit back. If not then, it is the responsibility of the
tree cutter/neighbour to dispose of them. It is not advisable to throw the material back over the
fence, as that could lead to a prosecution for fly tipping with penalties of up to £50,000 and/or 12
months imprisonment.
A tree owner who plants a poisonous tree so close to a boundary that its branches grow over the
boundary and are eaten by a neighbour's livestock will be liable for damages. However, if a
neighbour's livestock reach through or over the boundary to eat the leaves, the tree owner will not
be liable unless he/she has responsibility to maintain the physical boundary.
Trees which block light and views
The entitlement to light only applies to daylight in general and there is no right to direct sunlight.
There is only a right to a level of light that is normally less that most people already receive. The law
is not very clear as to how trees affect this right as it is complicated by the growth of trees over years
and that most trees shed their leaves for part of the year. The law is much clearer if someone were
to build a brick wall outside a window. Any case involving of loss of light due to trees must be taken
to the Civil Court and proven. If successful, an injunction may be served by the Court requiring the
offending trees to be reduced in height or restricted from further growth.
Right to a view in a domestic garden.
If trees obscure a view then you have no right to that view. The same is true if trees are removed
and reveal, for example, a building that spoils the view.
Falling leaves and berries
Leaves, flowers, fruit, pollen are seasonal and fall from trees. Many people regard this as a nuisance
but whilst this may be troublesome at times it is not legally a nuisance. Nuisance has a specific
meaning in law – something unauthorised that is obnoxious or injurious to the community at large
or an individual, especially in relation to ownership of property.
Liability for leaves, fruit, and pollen falling into a neighbouring property does not lie with the owner
of the tree to clear them, as leaf fall is a natural occurring phenomenon. Liability lies with the owner
of the property affected to clear the leaves.
For a case against the tree owner, both loss/damage and that the damage could have been
reasonably prevented will have to be proven. The neighbour to the tree owner might argue that
he/she suffered damage as a result of leaves blocking a drain and that it could have been prevented
by the tree owner cutting down or pruning the tree. On the other hand, common sense is usually the
best option. Is it reasonable to cut down a tree just because leaves fall off it for a short time each
year, or is it more reasonable to clear the drain more often?
Dangerous Trees
Common law does not require tree owners to prune or maintain their trees - even if they are
dangerous. It just places the liability on them should someone suffer damage if they fail to do so.
Prevention is better than allocating blame. Fortunately, there is the "Local Government
(Miscellaneous Provisions) Act 1976" which enables a local Council (District or County) to insist, by
serving a Notice that the owner removes the danger. If the tree owner refuses, the Council can go
onto the property and make the tree safe and charge the owner for doing so. For the Council to do
this, the tree must be dangerous and there must be an immediate risk to other people or property.
Subsidence
It is the duty of the person claiming to prove beyond reasonable doubt that it is the tree causing the
subsidence of soil beneath his/her property. Subsidence is normally only evident in areas of clay soil.
The tree will remove water from the particles of soil causing the ground to shrink. Heave, when a
tree has been removed and rehydration of soil causes it to swell violently, is a greater risk to a
property.
High Hedges
A “high hedge” is defined by the Anti-Social Behaviour Act 2003 as a barrier to light or access which
is formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or
shrubs and rises to a height of more than two metres above ground level. The Act only covers
hedges that affect homes that are defined as a dwelling or any associated garden or yard.
There are a number of Government leaflets that cover these aspects of hedging: “The Right Hedge
for You", "Over the Garden Hedge", "Hedge Height and Light Loss". (2013)
Tree Protection
As part of the Town and Country Planning Act 1947 Local Planning Authorities (LPA) were given
the power to protect trees and woodlands in the interests of amenity by making Tree Preservation
Orders (TPO).
The obligation on the LPA to protect its tree heritage remains as important now as ever. Within the
Act there is no absolute definition of the word 'tree', but it is generally accepted that the term
applies to any plant that would normally be recognised as a tree. A TPO is a legal document and is
served upon both the owner of the land on which the tree or trees grow and any third party who
may be affected by the tree or trees. After the TPO is served there is a six-month period during
which any party upon whom the TPO is served may register an objection. After six months (or 28
days if no objection is received), the TPO will be confirmed by the District/County/City Council, after
which there can be no further objection.
The principal effect of a TPO is to prohibit the cutting down, uprooting, topping, lopping, wilful
damage or wilful destruction of a tree without the prior written consent of the LPA. In order to carry
out works to a protected tree, a written application must be made to the LPA. A written Consent
Notice may be issued, usually with certain conditions relating to the quality of work expected and
replanting requirements in the case of felling. If the LPA refuses to consent to the works applied for,
the applicant may appeal against the decision to the relevant Central Government Department.
There are trees, cultivated fruit trees for example, which are exempt from protection and others
such as those dead or dying that may be felled without written consent. Some exemptions are
ambiguous and it is always best to check with the LPA Tree Section if there is any doubt.
All trees growing within a conservation area (CA) and having a stem diameter of more than 7.5cm
at 1.5 m above ground level are also deemed to be protected. To carry out works to such trees, the
Council requires six weeks written notice of intent. The Council cannot refuse consent to carry out
works to a tree in a CA without making a TPO. The six weeks gives the Council the time it needs to
decide whether or not to make a TPO. If no decision is made within six weeks the applicant may
proceed with the works.
Carrying out works to a protected tree without giving the required notice or without first obtaining
written consent is an offence with a penalty of up to £20,000.
Tree Contractors - Legal Liability of Individuals or their Agents
A Parishioner, or their Agent, contacting the Parish Council with regard to undertaking work on
Parish Council trees, will be made aware of the legal implications surrounding the commissioning of
a Tree Contractor who does not possess appropriate qualifications to carry out such work. The
absolute minimum requirement for all Tree Contractors is the possession of nationally recognised
qualifications from the City & Guilds NPTC (National Proficiency Tests Council) or LANTRA (Land
Training-Sector Skills Council) covering the type of work being carried out. Failure to establish
competency in the work being carried out leaves the householder/land owner liable to legal claims,
from the operative, should an accident occur.
Appendix III
Questions and Answers
Tree overhangs my property, what are my rights?
• You may prune unprotected trees and hedges overhanging your land and the roots growing
beneath your land up to the boundary.
• You do not need the owner's permission, but you must not trespass onto their land to do this.
• In addition, you must offer to return the cut branch wood and any fruit which is attached or has
fallen onto your land.
• You do have a duty of care for the tree and may be liable for damages if any work you do, or ask
others to do for you, causes the tree to die or become dangerous.
• If the tree is protected, either by a Tree Preservation Order, Woodland Preservation Order or by
the fact that it grows in a conservation area, you will need to make formal application to
South Holland District Council Tree Officer before carrying out works.
A tree is shading my garden, what are the owner's responsibilities?
For living entities such as trees there is no prescriptive right to light, so there is no requirement for a
tree owner to manage their trees unless you bring this forward and win a civil action in the courts.
• You should consult a solicitor to see if you have grounds to proceed with this.
• If successful an injunction may be served by the court requiring the offending trees to be
reduced in height or restricting their further growth.
Leaves are dropping onto my pathways and gutters. What are the owner's responsibilities?
None. Leaf fall is regarded as a natural event for which the owner cannot be held responsible. You
are responsible for clearing your own pathways, drains and gutters.
A tree is blocking my view. What are my rights?
None. There is no right to a view.
A large tree was planted close to my boundary several years ago. What are my rights?
• There is no law preventing any person planting or growing a tree anywhere on their property.
Neither is there any restriction upon the size to which they may grow it.
• However, any person who plants a poisonous tree so close to a boundary that its branches grow
over that boundary may be held liable for damages if they are eaten by a neighbour's livestock.
• If the neighbour's livestock reach over to the tree owner's side of the boundary to eat the leaves,
the tree owner will not be liable unless they have a legal responsibility to maintain the boundary.
I think a tree is dangerous. What can I do?
The definition of 'dangerous' is ambiguous. A tree is not dangerous because it is tall, old or has a
wide, spreading crown. Before taking any action, you should contact a specialist tree consultant or
contractor.
Once you are sure of your facts and have these in writing, you should notify the tree owner of your
concerns and ask that they address the problem. If they do not and some damage results from this
negligence, then you may take action against the tree owner through the courts. It may be possible
to obtain an injunction requiring the tree owner to take action to remedy the problem.
What constitutes a dangerous or hazardous tree?
A dangerous tree is one in such poor condition that whole or part of it may collapse at any time. A
dangerous tree may or may not be hazardous depending upon where it grows. For example, a tree in
a privately-owned field is less potentially hazardous than one in a public park.
How does a dangerous tree differ from a defective tree?
Most trees have defects but the vast majority are not dangerous. Defects may include minor dead
wood where squirrels have stripped bark or minor decay pockets where bark has been damaged and
the tree has suffered bacterial or fungal infection. It is the type and extent of the defect that is
important in determining whether or not a tree is dangerous.
Is a tall tree inherently dangerous?
Tall trees are not necessarily dangerous. A tree will grow (within its species limits) as large as the
space, light, water, nutrition and oxygen available to it permits. Trees cannot grow too tall - except
in human perception.
Are leaning trees dangerous?
Leaning trees are not necessarily dangerous. One of the reasons a tree grows with a lean is because
it is in close competition with other plant or buildings and has been forced to grow at an angle to
chase the light. In response, the tree lays down denser wood on one side of its trunk. There may be a
problem if a previously vertical tree suddenly develops a lean, perhaps as result of storm damage.
Appendix IV
Current Statutory Legislation, Government guidance,
British Standards and Awarding Bodies
All of the Parish Council's declarations and decisions will have regard to the following current
statutory legislation, Government guidance, British Standards and Awarding Bodies:
• The Town and Country Planning Act 1990 (as amended)
• The Town and Country Planning (Tree Preservation) (England) Regulations 2012
• The Occupiers Liability Act 1984
• The Environment Act 1995
• The Anti-Social Behaviour Act 2003
• Natural England 2006+
• Circular 36/1978: Trees and Forestry
• Tree Preservation Orders: A Guide to the Law and Good Practice (published by the Department
for the Environment, Transport and the Regions, March 2000)
• Tree Preservation Orders: A Guide to the Law and Good Practice (Addendum 2009, published by
the Department for Communities and Local Government, May 2009)
• BS 5837: Trees in Relation to Construction 2005
• BS 3998: Tree Work - Recommendations 2010
• City & Guilds NPTC - National arborist proficiency standards
• Sector Skills Council LANTRA - Land based training proficiency standards
• Arboriculture Association – Best Practice and Professional Standards guidance
Appendix V
Map showing land owned or managed by Sutton Bridge Parish Council;
• Memorial Park, Sutton Bridge.
• The Curlew Centre Car Park
• Garden of Rest, Field Farm North
All queries outside these areas please contact South Holland District Council Tel; 01775 761161 or
via the web site at www.sholland.gov.uk/
