Work to Council owned trees

How long will the Council take to answer my question about trees?

We will respond to your initial enquiry within 20 working days. If your enquiry requires further research such as a site visit we will tell you within 20 working days and indicate a timescale for any response as appropriate.

What are the Council’s responsibilities with regard to their trees?

The Council, as with any landowner, has a ‘Duty of Care’ to make sure that any trees located on its land are periodically inspected and managed to within acceptable health and safety parameters.

Where are the Council’s trees and who inspects them?

The Council is responsible for managing trees on its land on highway verges, cemeteries, open space and within woodlands. We currently employ two Tree and Woodland Officers who deal with day to day enquiries but from time to time employ qualified arboricultural consultants to undertake more detailed survey work.

Can I prune a Council owned tree?

Property owners have a legal right, (common law right) to prune trees encroaching onto their property. These trees can be council or owned by your neighbour.

• You can only consider removing those parts of the tree from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhang your boundary. Doing so may make you liable to prosecution to trespass and or criminal damage.
• You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back encroaching trees, unless the works are trivial meaning you could do the works with hand secateurs or similar.
• Before you consider doing any works to tree/trees you should find out if they are protected by a Tree Preservation Order or are within a Conservation Area. If the trees are protected, you will need to gain consent by making an application/give notice to the Council. View our Planning and Building Control Interactive Map to find our if the trees are protected. Visit the planning portal website for guidance on how to apply for work to Council owned trees.
• It’s always best to speak with your neighbours before you undertake any pruning. They can’t stop you pruning the tree to the boundary line but you do need to offer the branches back as you don’t own them. In all likelihood you will have to dispose of the cuttings yourself in the garden waste bin or via the household waste sites. If you’re pruning a council tree you must not place the pruning back onto council land.
• You cannot enter land that you do not own, (including public open space,) to gain access to a tree for tree surgery operations without permission to do so from the landowner.

I’ve seen a tree that doesn’t look healthy but doesn’t appear to be dangerous what do I do?

A tree which looks unhealthy isn’t necessarily dangerous. Signs to look out for are:

• dead
• dying – few leaves in summer or dieback in the crown
• mark is loose and falling off
• mushrooms or fungi growing on or near the tree
• old splits and cracks in the trunk or large branches
• smaller branches falling from the tree.

Council Tree Roots are growing in my property and causing damage?

Where roots are growing within the boundary of your property you have the legal right to prune or sever these roots.

• You can only consider removing roots from the point where they cross the boundary of your property. You have no legal right to cut or remove any root that is outside of your property boundary. Doing so may make you liable to prosecution to trespass and or criminal damage.
• You are strongly advised to consult a professional tree surgeon for, unless the works are trivial meaning you could do the works with hand secateurs or similar.
• If you cut root and an adjacent tree dies as a result you could be held responsible in a court for any damage caused as a result of the tree dying. 
• Before you consider doing any works to tree/trees you should find out if they are protected by a Tree Preservation Order or are within a Conservation Area. If the trees are protected, you will need to gain consent by making an application/give notice to the Council. View our Planning and Building Control Interactive Map to find out if the trees are protected. Visit the planning portal website for guidance on how to apply for works to Council tree roots.
• It’s always best to speak with your neighbours before you undertake any pruning. They can’t stop you cutting or removing the roots to the boundary line but you do need to offer cuttings back as you don’t own them. In all likelihood you will have to dispose of the cuttings yourself in the garden waste bin or via the household waste sites. If you’re cutting roots belonging to a council tree you must not place the pruning back onto council land and should use the garden waste bin. 
• You cannot enter land that you do not own, (including public open space,) to gain access to a tree for tree surgery operations without permission to do so from the landowner.

If a tree roots is believed to be causing damage to a property such as a garden wall, fence or house you will need to contact the councils insurance department on insurance.claims@telford.gov.uk with a full soil, root and building survey completed by your insurance company along with suitable pictures to identify the damage caused. The Council cannot consider any claims without these reports.

Last updated: 18/08/2022 10:06