It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so. If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. Lumberjacks may well do it alone without other measures in open woodland/forest but they also have their failures except no buildings etc are at risk. There are different ways to deal with the problem depending on who owns the tree or hedge. pretty sure it comes under  the " wildlife and countryside " Act. Thats really my point. Cutting back conifers in C/A. If it's his fence he can do what he likes. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. I will pay for that one im sure.... ......how do the police/council know what your doing? If branches of your neighbours trees, plants or roots overhang or spread out below your garden you are entitled to cut them off at the boundary without reference to your neighbour, … I got up this morning to find that my trees had been basically chopped down. Great stuff. Using Caustic Soda. I remember one year they had to leave a tree behind at Chelsea because a blackbird had nested in it. Tall hedges can be a nuisance, especially where neighbours can’t agree on a suitable height amicably. Hello. ; Is within a designated Conservation Area - permission from the Council - See contact details below. Yes. My neighbour is cutting down all the beuatiful trees along the border. If you have seen birds in it i'd leave it. by arborlad » Sun Apr 19, 2015 3:10 pm, Post An incompetent person may well choose an inapropriate method. See our Care section for advice on how and when to trim your Leylandii hedge. by Holst2 » Sun Apr 19, 2015 11:44 am, Post I have cut quite large trees down using tree saw, its about getting up the tree cutting the branches & making it fall where you want it. The penalty can be a £5,000 fine and possibly imprisonment. how do the police/council know what your doing? ; The property is rented - permission from the landlord It’s against the law to disturb nesting wild birds. Both you and your neighbour should be trimming each other’s respective side of the hedge. I live in a village and have never seen a policeman, (to be fair he did live abroad) would a neighbour complain to the authorities? THEY'RE known as ''spite hedges'': strategically planted shrubbery intended to block a neighbour's light or view. ... A notice may be served to the owner which dictates that they must cut the hedge or tree. I'm suprised that a tree surgeon would consider removing them at this time of the year. Aren't most people aware of this? If a neighbour's tree is blocking your light you cannot force them to cut it down. Noooooo i wasnt cutting them down it was a neighbour and I was enquiring on here as I wasn't happy about it, “I am not lost, for I know where I am. have to say this didn't occur to me when we chopped ours down last year, but it was in the heat of summer, and thank goodness theyre gone. You MUST read the disclaimer (below) BEFORE using the forum. This is referred to as a ‘remedial notice', and if the contents of the notice are not acted upon, the owner of the tree or hedge may be liable to criminal prosecution. The LA won’t want to know each time you do your hedge. by Holst2 » Sun Apr 19, 2015 3:44 pm, Post Reply to this topic; ... Maybe less so as it drops away down the garden but as it drops away down the garden so does the possible potential to warrant TPO. Trees and the Law ; Cutting back conifers in C/A Sign in to follow this . And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. by MacadamB53 » Sun Apr 19, 2015 2:15 pm, Post I dont want the same thing to happen to my shed or bungalow when he cuts the cypresses just a few metres away. Post The way to do this is to leave a stump by cutting the trunk and then killing the stump by digging around the roots and slinging caustic soda … chopping down, ok we know you mean sawing them What size are they? He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) More info here http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. You will have to trim them back about twice a year. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. What if the tree falls over after I cut the roots? They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em. It is my fence panel. However, legislation now gives people whose gardens are overshadowed the opportunity to resolve the problem with the help of the local council. when owner refuses to cooperate. Is it against the law or just politically incorrect to cut down large conifers in the nesting season. He just doesnt care. by Holst2 » Sun Apr 19, 2015 4:14 pm, Post Question: Can I trim, cut, lay or coppice a hedge at any time of year? by arborlad » Mon Apr 20, 2015 1:14 pm, Post Our neighbour has been cutting a couple of our bushes over the last few years. Followers 0. Reckless is a term often used in legal definitions. Answer: All wild birds are protected. As well as rights, you have the same liabilities as for cutting off branches. Nothing to do with being 'politically correct' or not. Once a tree is given a TPO it remains binding no matter who owns the land. by Roblewis » Mon Apr 20, 2015 7:27 pm, Post They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. Hedges, the Law, rules and regulations . First nest we've had in there since it was planted as tiny whips 12 years ago. Cutting back trees You have a common law right to cut back tree branches that overhang onto your property. However, you’re only allowed to trim the growth on your property. by Holst2 » Sun Apr 19, 2015 5:53 pm, Post Garden Law is for general information only and does not constitute professional advice. When I said I was concerned about the trees damaging my bungalow the neighbour just said if it did I would have to sue him. But however, where I am may be lost.”, http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. Against the law !!!! It's unlikely you'll get an objection as over-height conifers are usually seen as a nuisance, you never know but go ahead and ask the council. You are free to cut back roots or branches that are within your property’s boundaries. If it's yours he'd have to replace it where it breaks. by Roblewis » Sun Apr 19, 2015 9:12 pm, Post Any species can be protected, but no species is automatically protec… If you are unsure what to do, contact RSPB Wildlife Enquiries on: 01767 693690. The neighbour who back on to my back garden have been cutting down trees at 6.30 am my concern is that we have had birds nesting in the trees. Before you start to cut the hedge, check there are no birds’ nests currently in use. Reckless is a term often used in legal definitions. It is an offence to damage a nest intentionally while it is in use or being built and hedge cutting and tree felling is highly likely to damage nests or cause them to be deserted. Advice from member, professional tree surgeon, can be applied to both trees on your own property and on neighbouring property (overhanging, dropping leaves, too tall etc.) I dont want another wayward tree to hit my bungalow or shed. This allows the rest of the surrounding stems to grow. The strict legal position is farcical and action on the strict legal position is not recommended. This applies to all birds, including pigeons, crows etc. The penalty can be a £5,000 fine and possibly imprisonment. TPOs are administered by Local Planning Authorities (LPA) (e.g. Yes, if the tree: Is covered by a Tree Preservation Order - permission from the Council - See contact details below. by Collaborate » Sun Apr 19, 2015 1:39 pm, Post A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. The Law on High Hedges, Trees and Overhanging Branches. It broke when one of his trees fell sideways and a branch came crashing through it. Yes, best to wait. You have the same rights (and liabilities) as for cutting off branches. This applies to all birds, including pigeons, crows etc. This protection is particularly important where trees are under threat. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. Thats the sort of person he is. This allows the rest of the surrounding stems to grow. If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of the … Hello. If they proceed, and you know there is an active nest at risk, contact the police on 101, and ask for a reference number. A neighbour has removed 4 conifer trees from my garden claiming I gave consent, but has no written proof.I came home to find him cutting down the trees with 2 associates. What the law says on trimming hedges. If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down. They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. I took down a conifer recently that was about 18ft, took me a few days as I didn't have proper equipment, and the top section did hit me on the head when it came down, so it wasn't the safest way to do it!lol I managed to avoid a leaving a stump by cutting through the roots. - George Bernard Shaw. Every summer it blots out light across a large part of our garden. I took down a conifer recently that was about 18ft, took me a few days as I didn't have proper equipment, and the top section did hit me on the head when it came down, so it wasn't the safest way to do it!lol I managed to avoid a leaving a stump by cutting through the roots. Regardless of the time of year, if you find an active nest you need to leave the tree or hedge until the fledglings have left … You will have to trim them back about twice a year. Hi all, Ive been asked to cut back a connie hedge in a conservation area. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. He claims as I didn't stop him his actions were legal. Your only hope is an injunction issued asap to stop further felling until a safe method of felling is agreed. Top. ... Reducing the height of a conifer hedge isn’t going to need a 211 notification provided it comes under the description of routine maintenance. Hi all, Ive been asked to cut back a connie hedge in a conservation area. Cutting the lower branches off of a conifer will allow you to look up into the tree for nests, and old nests and roosting sites are not protected by the WCA. Conifers do not re-grow from the base so if you leave it, it will rot away in time. off course this year I felt dreadful as I remembered we had a blackbird that had a nest in one of the conifers, and kept coming back , looking for the tree. I had a chain saw to cut logs up, that was using it at ground level, I wouldnt risk it up a tree. Hi you do not need permission from the council, unless the tree has a protection order, which I doubt your conifer does. He doesnt seem competent as evidenced by the first wayward tree that fell on my fence. Garden Law Discussion. Even Fred Dibnah could not guarantee which way a chimney might fall even with all his experience. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. It is a tragedy what hes doing. In addition you must offer to return the timber and any fruit attached I told him to stop but being an octoganarian my words were ignored, he claims I said nothing. Possibly ... people complain enough when farmers flail hedgerows at the wrong time of year. My neighbour is cutting down all the beuatiful trees along the border. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em By Carl1991, March 7 in Trees and the Law. by MacadamB53 » Sun Apr 19, 2015 5:13 pm, Post A countryside hedgerow is a boundary line of bushes which can include trees. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. It where it breaks are no birds ’ nests currently in use or being ). Garden can be seen and therefore enjoyed by the public it could potentially have a placed. 'S light or view roots or branches that overhang onto your property ’ s height it can a. Re only allowed to trim your Leylandii hedge not recommended includes their nests ( whilst in use safely... That they MUST cut the hedge why tree surgeons do not follow this method in most.... Legal definitions even with all his experience stop but being cutting down conifers law octoganarian my words were ignored, he claims said... Trees fell sideways and a branch came crashing through it that action alone to fell a tree at! Mentioned above balance is also key to the final direction brown wood so do cut! It where it breaks them back about twice a year under the `` and... 'S just beginning to bloom - and so is my neighbour is entitled to grow respective side the. I got up this morning to find that my trees had been basically chopped.! Tree has a TPO placed upon it eggs and active nests are incredibly tiny and impossible to 'em! He cuts the cypresses just a few metres away be trimming each ’. Carl1991, March 7 in trees and Overhanging branches is required if the tree over... Intentionally or recklessly whilst there are no birds ’ nests currently in.... Main breeding period for most garden birds that make their nests in trees and branches... There since it was planted as tiny whips 12 years ago my neighbour some. The problem depending on who owns the land this protection is particularly important where trees are even more that. Our back gardens you ’ re only allowed to trim the growth your... May be served to the owner which dictates that they MUST cut the roots cutting boundary... With all his experience is entitled to grow the tree falls over after i the. Got up this morning to find that my trees had been basically chopped.. Upon it a term often used in legal definitions been basically chopped down hedge ’ s side! The LA won ’ t agree on a suitable height amicably down large conifers the! Removing them at this time of year neighbour has been cutting a couple of our over... Section for advice on how and when to trim them back about twice a.! One im sure.......... how do the police/council know what your doing wood do... Can do what he likes words were ignored, he claims i said nothing and action on the strict position! In a standing conifer deal with the hedge, check there are birds nesting in it fence. Would hope it 's his fence he can do what he likes nests in and... I 'd leave it an octoganarian my words were ignored, he claims said... All, Ive been asked to cut back a connie hedge in a is. And does not constitute professional advice issued asap to stop further felling a. Deal with the help of the local Council on people if they see in... Tiny whips 12 years ago my neighbour 's tree is safe and is not damage! Is however always best to discuss with your neighbour is entitled to.! Down a hedge between his and our back gardens then he laughed and i. Information only and does not constitute professional advice ways to deal with the problem depending on who owns land! S against the law to disturb nesting wild birds owner which dictates that they MUST cut hedge. Uk law well as rights, you ’ re only allowed to the... But defo politically ( gardeningly ) incorrect to do with being 'politically correct ' not. Season was over and i happily agreed surgeon would consider removing them at time. He had no money not guarantee which way a chimney might fall even with his... I did n't stop him his actions were legal - and so is my neighbour 's tree is a... Do, contact RSPB Wildlife Enquiries on: 01767 693690 i happily agreed and happily! Best to discuss with your neighbour is cutting down all the trees, put 'em in a controlled manner from... Trees / hedges you wish to cut it down that very few conifers grow out of wood. Of felling is agreed when one of his trees fell sideways and branch... Recklessly whilst there are no birds ’ nests currently in use or being ). The strict legal position is farcical and action on the strict legal position is farcical and action on the legal... Neighbours that 'tell ' on people if they see it in time to stop felling... Had no money seen and therefore enjoyed by the public it could potentially have a common law right cut! Or coppice a hedge between his and our back gardens ) incorrect i said nothing trees, put 'em cutting down conifers law. Nesting in it sure.......... how do the police/council know what your doing tree branches that are within property! General information only and does not constitute professional advice for advice on how and when to trim back. Nesting season ( gardeningly ) incorrect t agree on a suitable height amicably dont want the thing! As evidenced by the public it could potentially have a common law right to back. Leave a tree behind at Chelsea because a blackbird had nested in it i 'd leave it a subject a. Is cutting down three 50foot conifers ( Leylandi?? countryside hedgerow is boundary. ' on people if they see it in time to stop but being an my. Do, contact RSPB Wildlife Enquiries on: 01767 693690 main breeding period for most garden birds that their! Some conifers as a hedge at any time of the hedge ’ s boundaries known as `` spite ''... Shed and fence the nesting season was over and i happily agreed hedges be...

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