Yes it is but you do not use that action alone to fell a tree safely in a controlled manner. This allows the rest of the surrounding stems to grow. However, you’re only allowed to trim the growth on your property. by Holst2 » Sun Apr 19, 2015 11:44 am, Post TPOs are administered by Local Planning Authorities (LPA) (e.g. They said they would do no more until the nesting season was over and i happily agreed. I had a chain saw to cut logs up, that was using it at ground level, I wouldnt risk it up a tree. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. My garden's just beginning to bloom - and so is my neighbour's tree. This allows the rest of the surrounding stems to grow. I want to cut down/prune a tree in my garden, do I need permission? No, not sure really but defo politically (gardeningly) incorrect. If it's his fence he can do what he likes. 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. by Roblewis » Sun Apr 19, 2015 9:12 pm, Post You are free to cut back roots or branches that are within your property’s boundaries. An incompetent person may well choose an inapropriate method. He claims as I didn't stop him his actions were legal. Yes, best to wait. But however, where I am may be lost.”, http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. A countryside hedgerow is a boundary line of bushes which can include trees. Before you start to cut the hedge, check there are no birds’ nests currently in use. Is he correct. 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. 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 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. I didn't mind at the time as i thought he was going to keep the trees trimmed at a sensible height, as a hedge. 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. 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. 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. Hi from Kingswinford in the West Midlands, "We don't stop playing because we grow old; we grow old because we stop playing." It broke when one of his trees fell sideways and a branch came crashing through it. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. Trees are even more unpredictable that is why tree surgeons do not follow this method in most situations. by Holst2 » Sun Apr 19, 2015 3:44 pm, Post If a neighbour's tree is blocking your light you cannot force them to cut it down. Thats the sort of person he is. In addition you must offer to return the timber and any fruit attached Tall hedges can be a nuisance, especially where neighbours can’t agree on a suitable height amicably. Some years ago my neighbour planted some conifers as a hedge between his and our back gardens. ). 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. Reckless is a term often used in legal definitions. He just doesnt care. The law requires that you give the local authority six week's notice before felling or pruning any tree so that the council has time to decide if it would like to give the tree a preservation order or not. Aren't most people aware of this? I will pay for that one im sure.... ......how do the police/council know what your doing? They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. 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, … 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. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so. Check if a hedgerow is protected. ... Reducing the height of a conifer hedge isn’t going to need a 211 notification provided it comes under the description of routine maintenance. Is it against the law or just politically incorrect to cut down large conifers in the nesting season. 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. The law subjects person cutting the trees to damages equal to three times the value of the tree (five times in the case of Christmas trees). This applies to all birds, including pigeons, crows etc. As mentioned above balance is also key to the final direction. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) If they proceed, and you know there is an active nest at risk, contact the police on 101, and ask for a reference number. He doesnt seem competent as evidenced by the first wayward tree that fell on my fence. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. Hedges, the Law, rules and regulations . Answer: All wild birds are protected. 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? next to my bungalow They are all about 8 feet from my shed and fence. 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. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. Under the Wildlife & Countryside Act 1981 (as amended), it … My neighbour is cutting down all the beuatiful trees along the border. Wonder if anyone knows how you stand legally re cutting a neighbours plant. 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. It’s against the law to disturb nesting wild birds. pretty sure it comes under the " wildlife and countryside " Act. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. What if the tree falls over after I cut the roots? Any species can be protected, but no species is automatically protec… next to my bungalow They are all about 8 feet from my shed and fence. Then he laughed and said I wouldnt get anything as he had no money. 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. This applies to all birds, including pigeons, crows etc. Both you and your neighbour should be trimming each other’s respective side of the hedge. I didn't mind at the time as i thought he was going to keep the trees trimmed at a sensible height, as a hedge. how do the police/council know what your doing? Reckless is a term often used in legal definitions. There are no laws on how high the hedge can be grown but a council can take action if it is affecting someones reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. My neighbour is cutting down all the beuatiful trees along the border. Cutting back conifers in C/A. Cutting back trees You have a common law right to cut back tree branches that overhang onto your property. by Holst2 » Sun Apr 19, 2015 4:14 pm, Post They are now absolutely HUGE, over 25ft i'd say and they block out the light to my back garden. Hi you do not need permission from the council, unless the tree has a protection order, which I doubt your conifer does. It is a tragedy what hes doing. Hi all, Ive been asked to cut back a connie hedge in a conservation area. 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. The penalty can be a £5,000 fine and possibly imprisonment. When pruning conifer hedges always take the central leader down about 6" below the top of where you want to keep the hedge at. 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. by arborlad » Mon Apr 20, 2015 1:14 pm, Post Conifers can provide nesting sites for a variety of species at this time including blackbirds, robins, greenfinch, goldcrest and even larger birds such as sparrowhawks and crows, so care needs to be taken during any cutting. I told him to stop but being an octoganarian my words were ignored, he claims I said nothing. maday ... A notice may be served to the owner which dictates that they must cut the hedge or tree. Hi all, Ive been asked to cut back a connie hedge in a conservation area. ; Is within a designated Conservation Area - permission from the Council - See contact details below. I get any tree work done in February. Top. 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. Whilst I appreiciate it if they are growing over her side thats ok but what if she is cutting them so much, that she is cutting the branches that are on our side (if you know what I mean? All wild birds, their young, their eggs and active nests are protected under UK law. I'd leave it even if you haven't. Possibly ... people complain enough when farmers flail hedgerows at the wrong time of year. Followers 0. 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. You MUST read the disclaimer (below) BEFORE using the forum. Once a tree is given a TPO it remains binding no matter who owns the land. Garden Law Discussion. The LA won’t want to know each time you do your hedge. by MacadamB53 » Mon Apr 20, 2015 8:16 pm, Powered by phpBB® Forum Software © phpBB Limited. Who owns the fence? They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em ; The property is rented - permission from the landlord 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.) 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. I remember one year they had to leave a tree behind at Chelsea because a blackbird had nested in it. It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. First nest we've had in there since it was planted as tiny whips 12 years ago. 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? Log in or register to join the conversation. If you have seen birds in it i'd leave it. The penalty can be a £5,000 fine and possibly imprisonment. If you are unsure what to do, contact RSPB Wildlife Enquiries on: 01767 693690. by Holst2 » Sun Apr 19, 2015 7:52 pm, Post The Law on High Hedges, Trees and Overhanging Branches. See our Care section for advice on how and when to trim your Leylandii hedge. We were having 5 conifers cut down last year and half way through climbing in the conifer the tree surgeons had to stop when a baby black bird fell out. Important laws on cutting the boundary hedges that you should be aware of: The “high hedge” restriction. Yes, if the tree: Is covered by a Tree Preservation Order - permission from the Council - See contact details below. It is my fence panel. by MacadamB53 » Sun Apr 19, 2015 5:13 pm, Post Every summer it blots out light across a large part of our garden. It's best to avoid the cutting of trees or hedges between the first of March and the end of August. Conifers do not re-grow from the base so if you leave it, it will rot away in time. Hedges: nuisance and overgrown. Yes. There are different ways to deal with the problem depending on who owns the tree or hedge. You have the same rights (and liabilities) as for cutting off branches. Garden Law is for general information only and does not constitute professional advice. - George Bernard Shaw. THEY'RE known as ''spite hedges'': strategically planted shrubbery intended to block a neighbour's light or view. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. This is the main breeding period for most garden birds that make their nests in trees and hedges. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em. Our neighbour has been cutting a couple of our bushes over the last few years. Some birds' nests are incredibly tiny and impossible to see in a standing conifer. What the law says on trimming hedges. by Holst2 » Sun Apr 19, 2015 5:53 pm, Post I had planned to trim back our hawthorn hedge last week to help it thicken up even more but it's on hold now as somebody is feeding a brood of very vocal chicks in there. by MacadamB53 » Sun Apr 19, 2015 2:15 pm, Post Common Law on Trees The position in common law is that you may prune unprotected trees and hedges overhanging your land and the roots growing under your land up to the boundary, without the consent of the owner, but you must not trespass on to your neighbour’s land to do this. You will have to trim them back about twice a year. Post Not only I agree to stop cutting forests, but we should do something like this-- Philippines Passes Bill Requiring Students to Plant 10 Trees Before Graduating Between 1990 and 2005, the Philippines lost 32.3 percent of its forest cover. by MacadamB53 » Sun Apr 19, 2015 8:44 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. It is mostly concerned neighbours that 'tell' on people if they see it in time to stop it. Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. All types of tree, but not hedges, bushes or shrubs, can be protected, and a TPO can protect anything from a single tree to all trees within a defined area or woodland. As well as rights, you have the same liabilities as for cutting off branches. by Roblewis » Mon Apr 20, 2015 7:27 pm, Post This includes their nests (whilst in use or being built) as well as any eggs the nest may contain. ¨I can only speak for the process in Andalusia but would hope it's the same everywhere. Hello. This protection is particularly important where trees are under threat. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) By Carl1991, March 7 in Trees and the Law. If someone is cutting a hedge during this period, speak to them and politely mention the risk to birds’ nests, and the laws protecting nests. when owner refuses to cooperate. The strict legal position is farcical and action on the strict legal position is not recommended. Your only hope is an injunction issued asap to stop further felling until a safe method of felling is agreed. Question: Can I trim, cut, lay or coppice a hedge at any time of year? Yes. 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