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Tag: tree preservation order

Tree Preservations Orders: What Maidstone Homeowners Need To Know

Posted on by Thom

If you’re considering pruning, reducing or removing a tree on your property in Maidstone, it’s important to find out whether the tree is protected by a Tree Preservation Order (TPO). Many homeowners are surprised to discover that carrying out work on a protected tree without permission can result in significant fines.

Understanding the rules before any work takes place can save both time and money.

What Is a Tree Preservation Order?

A Tree Preservation Order, commonly known as a TPO, is a legal protection placed on specific trees, groups of trees or woodlands by the local authority. The purpose of a TPO is to protect trees that provide significant visual, environmental or historical value to the local area.

Once a tree is protected, you generally cannot:

  • Fell the tree
  • Lop or top the tree
  • Carry out major pruning
  • Remove substantial branches
  • Deliberately damage or destroy the tree without first obtaining permission from the local council.

Who Issues Tree Preservation Orders in Maidstone?

In Maidstone, Tree Preservation Orders are managed by Maidstone Borough Council. The council assesses trees based on their visibility, condition, contribution to the local landscape and overall public benefit.

Protected trees can be found throughout Maidstone, including areas such as Bearsted, Penenden Heath, Allington, Loose, Barming, Coxheath and surrounding villages.

How Do I Check If A Tree Has A TPO?

If you’re unsure whether a tree is protected, there are several ways to check. You can:

  • Contact Maidstone Borough Council directly
  • Review local planning information
  • Ask a qualified tree surgeon to investigate on your behalf

At About Trees, we regularly help homeowners identify whether a tree is protected before any work is planned.

What About Conservation Areas?

Even if a tree doesn’t have a Tree Preservation Order, additional restrictions may apply if the property is located within a conservation area. Many parts of Maidstone contain conservation areas where trees receive additional protection.

In these situations, the council may require advance notice before work can take place.

Can I Remove A Dangerous Tree?

There are certain circumstances where emergency work may be permitted. For example, if a tree presents an immediate risk to public safety or has suffered storm damage, work may be allowed without waiting for formal consent.

However, evidence is usually required and it’s always advisable to seek professional guidance before carrying out any work.

How About Trees Can Help…

At About Trees, we regularly carry out tree surgery work throughout Maidstone and the surrounding areas. Our team can:

  • Check whether trees are protected
  • Advise on conservation area restrictions
  • Provide professional tree reports where required
  • Assist with applications and supporting information
  • Carry out approved tree work safely and professionally

If you’re unsure whether a tree on your property is protected, we’re always happy to provide advice as part of a free quotation.

Need Advice On A Protected Tree In Maidstone?

Whether you’re considering tree removal, crown reduction, pruning or general tree maintenance, understanding the regulations is the first step.

Get in touch with About Trees Ltd today for professional advice and a free quotation for tree surgery services across Maidstone and the surrounding area.

We’re fully qualified, fully insured, and committed to keeping your outdoor spaces safe and well maintained.

About Trees Ltd is a professional tree surgeon based in Kent, providing reliable commercial tree services across the county. From safety inspections for schools to large scale site work for developers and housing associations, we support organisations with safe, efficient and fully insured tree surgery. Whether you’re in Canterbury, Maidstone, Ashford or beyond, our qualified team is here to help.

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Who is Responsible for Cutting an Overhanging Tree in the UK? [Understanding the Legalities and Your Rights]

Posted on by Thom

An overhanging tree can not only be a nuisance and a disruption, but in some cases, they can even damage an individual’s property if not dealt with.

So who is responsible for cutting back an overhanging tree in the UK? Here’s everything you need to know regarding cutting back an overhanging tree, ensuring you know your legalities, and who you should consult if you need to scale back an unruly tree…

It should really go without saying that trees are beautiful, majestic, and life-giving – integral to our natural environment and the overall character of our country’s landscapes.

But trees come with responsibilities, especially when property and individual rights are concerned.

One of the issues which About Trees Ltd deals with frequently is that of overhanging trees – and who is responsible when a part of a tree extends or hangs over one person’s property and encroaches onto another’s.

Trees must be properly maintained, and the law is very clear on what can be done to ensure trees are managed in the right way so that property, personal and environmental rights are all respected.

Below, we’ll answer the question commonly asked of us: “Who is responsible for cutting an overhanging tree?”

Firstly, what are the legalities around cutting overhanging trees in the UK?

Let’s start off with the straightforward stuff. Under UK law, you are entitled to trim or cut any overhanging branches from your neighbour’s tree, up to the boundary of your property. This is known in UK law as the “right to abate a nuisance.” The main legal requirement is that, if you choose to cut from an overhanging tree, you must not trespass onto your neighbour’s property to do so. Other than that, you’re well within your rights to cut from a tree which is encroaching on your property.

The main caveat is that certain trees or areas are protected under specific laws in the UK. For example, if a tree is located in a Conservation Area or has a Tree Preservation Order (TPO), it has additional protections. Failure to comply with the protected status of these trees can result in penalties, including fines and legal action.

It is recommended that you check with your local council or a professional tree surgeon, like About Trees, to ensure you are always following the law when dealing with overhanging trees.

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So, can I cut off a part of an overhanging tree that is on my property?

As stated, if branches from a neighbouring tree are overhanging onto your property, you have the right to trim back the branches to the property boundary. However, you must do this entirely within your own property. Additionally, UK law has a somewhat strange additional requirement: any arisings (meaning the cuttings from the overhanging tree), must be offered back to the tree owner. This is a legal obligation.

Finally, it should be noted that when it comes to things like fallen leaves, fruits, or debris, you cannot legally force your neighbour to remove these natural falling occurrences or prevent them from happening – even if they’re on your property.

You might not like them, but in the same way as you also might not like birds doing their business on your patio furniture, there’s only so much that the law can deal with!

Who is actually responsible for cutting an overhanging tree?

By now, you’re likely to have a firm understanding of your legal position when it comes to cutting an overhanging tree, but you might still have questions about who is actually responsible for managing this.

For example, say an overhanging tree is getting so unwieldy that it causes disruption or damage to your property – or if you think managing this intrusion would be too costly to deal with. You might ask, should your neighbour not bear some responsibility for removing it, even if it’s on your property?

These situations are actually quite common, and the most honest answer is that each situation requires dedicated communication between the tree owner and the property owner, otherwise they can become a legal dispute. Every situation involving an overhanging tree will be different from the next, meaning there cannot ever be a single, simple answer.

If you are unsure about your responsibility or your neighbour’s responsibility when it comes to an overhanging tree, consulting a professional tree care expert like About Trees can provide you with the advice and guidance you need – as well as help you to avoid a potentially costly legal battle.

I want to consult a professional service about an overhanging tree. How should I go about this?

If you want information about an overhanging tree, or if you want a specific tree dealt with, you can always seek advice from professionals who understand the complexities of tree management.

About Trees Ltd is a reputable tree surgeon and tree care specialist in Kent, focused on the management of all things trees. Our team of experts can provide you with the guidance and assistance you need to deal with overhanging trees effectively.

If you want to discuss how we can help you then please get in touch.

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