If you are thinking of removing a tree from your property in Surrey, there are several legal considerations that you need to take into account. You must adhere to the local laws and regulations regarding tree removal to prevent any unintended legal consequences. Whether the tree is posing a risk to your property, is diseased or it’s blocking your view, the process involves more than just calling a tree surgeon and commencing the work. In this article, we will cover the key legal aspects that you need to familiarise yourself with before you start cutting down any trees.
Understanding Tree Preservation Orders (TPO)
Before you even consider removing a tree, the first step is to check if your tree is subject to a Tree Preservation Order (TPO). In Surrey, these orders are used to protect specific trees, groups of trees, or woodlands that contribute positively to the local environment. If your tree is covered by a TPO, you will need to apply for consent from the local planning authority before carrying out work that may damage the tree or lead to its loss.
A TPO can prohibit a wide range of activities, including cutting down, topping, lopping, uprooting, wilful damage, and wilful destruction of trees. The penalties for breaking the order can be severe, with fines of up to £20,000 for cutting down a tree without consent.
Seeking Planning Permission
Even if your tree isn’t protected by a TPO, you may still need to seek planning permission from your local council in Surrey before removing it. This is particularly relevant if you live in a conservation area or if your property is listed.
When considering your application, the council will likely consult with a professional arborist to prepare a report outlining the potential impact of the removal on the local environment and landscape. The council will also take into account the tree’s health, its amenity value (how it contributes to the surrounding area), and whether the work is necessary for the property’s reasonable enjoyment.
Neighbour’s Rights and High Hedges
If a tree on your property has branches that overhang onto your neighbour’s property, they have the right to cut back the branches to the boundary line. However, they must return the cut branches, fruit or flowers to you as they still belong to you, the tree owner.
If a hedge grows along the boundary between your properties and is over two meters high, your neighbour may make a complaint to the local council under the High Hedges legislation. If the council agrees that the hedge adversely affects the neighbour’s enjoyment of their property, they may issue a remedial notice requiring you to reduce its height.
Employing a Professional Arborist
Tree work can be hazardous, and it requires the skills and competence of a professional arborist. An arborist will not only have the necessary skills and equipment to safely carry out the work but will also understand the legal requirements and processes in Surrey.
Before hiring an arborist, ensure they have appropriate insurance to cover potential damage to your property and your neighbour’s property. They should also provide a written quote for the work and a work plan, outlining what will be done, the timeframe, and any necessary follow-up work.
Dealing with Protected Species
In some cases, your tree may be a habitat for protected species, such as bats or nesting birds. If this is the case, you will need to apply for a permit from Natural England before carrying out any work that may disturb these species. Your arborist can help you identify any potential wildlife issues and advise on how to proceed.
In conclusion, removing a tree from your property in Surrey requires careful consideration and planning. It’s not just about the physical act of cutting down the tree, but also the legal implications that come with it. Understanding what you can and can’t do can help you navigate the process smoothly and avoid any unnecessary legal complications.
Replacement and Replanting Policies
Before you decide to remove a tree from your property, you should be aware of the replacement and replanting policies that exist in Surrey. These policies are in place to maintain the area’s tree cover and to help mitigate the effects of climate change. If you receive permission to remove a tree, the local council may require you to plant a replacement tree.
Typically, the council will specify the species, size, and location of the replacement tree. The aim is to ensure that the new tree will provide similar benefits to the one removed, in terms of its environmental contribution and amenity value. A qualified arborist can provide valuable advice on suitable species and planting techniques to ensure the success of the new tree.
Moreover, the council may also impose a tree protection period, typically for three years, during which you are responsible for the tree’s care and maintenance. If the tree dies or is in poor health during this period, the council may require you to replant another tree.
Remember, failing to comply with the replanting requirements could lead to enforcement action by the local council. Therefore, it’s crucial to consider the costs and responsibilities associated with replanting a tree before proceeding with a removal request.
Local Authority’s Discretion and Appeal Process
The decision to grant or deny your application for tree removal rests with your local council. The council will weigh the benefits of preserving the tree against the need for its removal. If your application is denied, it doesn’t mean the end of the road, as you have the right to appeal the decision.
When lodging an appeal, it’s essential to provide a compelling argument backed by evidence. For example, an arborist report can provide crucial support for your case, outlining the tree’s condition and highlighting any risks it poses to your property.
Additionally, your appeal may also be supported if you can demonstrate that the removal of the tree will improve the property’s functionality or if retaining the tree would cause undue hardship. However, remember that each case is unique, and success is not guaranteed.
If your appeal is unsuccessful, you may be able to reapply after a certain period, particularly if circumstances related to the tree or your property change. Consult with a professional to understand the best options available to you.
Conclusion
In conclusion, removing a tree from your property in Surrey is a task that requires careful consideration and adherence to local laws and regulations. From understanding Tree Preservation Orders to respecting your neighbour’s rights, and from employing a professional arborist to dealing with protected species and replanting policies, each step of the process carries its own set of challenges.
Moreover, always remember that the local authority has the discretion to grant or deny your tree removal application, and there is a provision for appeal if your application is not successful. By adhering to the legal requirements and employing the skills and knowledge of a qualified arborist, you can navigate the tree removal process smoothly and avoid potential legal complications.
Understanding and respecting these legal considerations not only helps protect our environment but also promotes good neighbourly relations. After all, trees are a vital part of our communities, contributing to our health, happiness, and overall quality of life in Surrey.
