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Trees FAQs

  • How do I find out if a tree belongs to Cotswold District Council ?
    Cotswold District Council owns trees in car parks, around leisure centres and on a few other sites across the District.  Trees next to a public highway are probably in the ownership of Gloucestershire County Council Highways and trees in parks usually belong to town and parish councils.  If you need to check whether a tree belongs to Cotswold District Council, please contact planning@cotswold.gov.uk or call (01285) 623000.  It will make it easier to check if the tree is owned by Cotswold District Council if you can provide a clear address or plan of the location of the tree.
  • Does Cotswold District Council have a tree policy for the management of its own trees ?
     Yes, there is a set of Cotswold District Council tree management principles, that was approved by Cabinet in 2009 and reviewed by the Cabinet Member for Planning in October 2012.  
  • What should I do if I want a Council owned tree pruned or felled?

    Firstly you will need to make sure that the tree is owned by the Council - Cotswold District Council does not own many trees.   Once you have established that the tree belongs to the Council, you should contact us - planning@cotswold.gov.uk or 01285 623000 and explain your concerns.  We will need to know the address / location of the tree; the problems that the tree is causing and what action you would like us to take. 

    In line with the CDC tree management policy we will only consider pruning or felling a tree if it is causing damage, (e.g. there is evidence of subsidence), the tree is a risk to property or people or for the benefit of the health and public amenity of the tree.  We will not carry out works to a tree to improve TV satellite reception, minor over-shading, blocking views etc. 

  • How do I find out who owns a tree(s) ?
    Trees next to a public highway are probably in the ownership of Gloucestershire County Council Highways and trees in parks usually belong to town and parish councils. 

    Some trees in car parks, around leisure centres etc are in the ownership of Cotswold District Council. 

    You can check the ownership of land with the Land Registry. There is a charge for this service and not all properties are registered.

    Parish and town councils can also be a good source of information on land ownership; alternatively ask those who live near the site.

  • What do I do if I think my neighbour’s tree is dangerous ?

    The first step is to contact your neighbour and explain your concerns to them and ask them to take action.  It may help if you have taken expert advice from an independent tree expert or arboricultural consultant, who can advise on the safety of the tree and any necessary remedial works.

    If your neighbour will not take action, it may be useful to contact a third party, for example a parish councillor or tree warden who may be able to persuade them.

    As a last resort and if the tree is very dangerous you can contact the Council (planning@cotswold.gov.uk or 01285 623000), but the Council’s powers are quite limited in forcing owners to take action to make their trees safe.

  • What do I do if my neighbour’s tree is over-shading my garden ?

    You have the right to cut any branches back to the boundary of your property, provided that you offer to return those branches to the owner of the tree.  It is always advisable to contact your neighbour before carrying out such work, as it may be better for the tree if work is carried out from the trunk side of the boundary.

    Remember that you will still  need consent from the Council to carry out any work to a tree in a Conservation Area or that is protected by a Tree Preservation Order, even it does not belong to you.  

    You should ensure that the work that  you carry out does not make the tree dangerous or lead to its death, as you could be liable.

    You cannot force your neighbour to carry out any pruning works to the tree within their property, just because it is over-shading your garden; however they may be more than willing to carry out this work if they fully understand the extent of the over-shading in your garden, especially if you offer to pay a share of the costs,

  • My neighbour’s tree is over-hanging my garden, can I cut it back ?
     

    You have the right to cut any branches back to the line of the boundary of your property, provided that you offer to return those branches back to the owner of the tree.  It is always advisable to contact your neighbour before carrying out such work, as it may be better for the tree if work is carried out from the trunk side of the boundary.

    Remember that you will still  need consent from the Council to carry out any work to a tree in a Conservation Area or that is protected by a Tree Preservation Order, even it does not belong to you.  

    You should ensure that the work that  you carry out does not make the tree dangerous or lead to its death, as you could be liable.

  • What do I do if my neighbour’s tree is causing subsidence to my property ?

    The first step is to contact your insurance company and follow their advice.  They may arrange for a specialist to investigate the potential causes of any subsidence.

    Please be aware that the tree may be protected by a Tree Preservation Order or because it is located within a Conservation Area.

  • My neighbour claims that my tree is causing subsidence to his property, what should I do ?
     

    in the first instance you should contact your insurance company and follow their advice. 

    Please be aware that the tree may be protected by a Tree Preservation Order or because it is located within a Conservation Area.

  • What is the maximum height that my neighbour can grow trees in his/her garden?
     

    In general, there is no specific limit to the height that a tree is allowed to grow.

  • What do I do if I think a tree near a road or footpath is dangerous ?

    You should contact Gloucestershire County Council highways   and / or the owner of the tree if it is not owned by the County Council. 

    If the tree is imminently dangerous, you should contact the Emergency Services to ensure that the area is made safe as soon as possible.

  • Are there any grants for tree planting or management ?

    Cotswold District Council does not provide any tree planting or management grants.  For further information on grants follow this link.

     

  • How do you plant a tree ?
     

    There are many books and web-sites that provide information and advice on planting trees, for example

    And don’t forget to care for your tree once it is planted.  The Royal Horticultural Society web-site provides useful information on care for newly planted trees

  • How do I prune a fruit tree ?
     

    There are many books and web-sites that provide information and advice on pruning fruit trees, for example

    BBC web-site

    Royal Horticultural Society 

    If you would prefer to have an expert  carry out this work, you could appoint a tree contractor or horticulturalist to prune your fruit trees, it is important that you check that they are experienced in this type of work.

  • How do I decide what sort of tree to plant?
     

    There are thousands of types of trees that you can plant and the choice can be bewildering.  There are some important principles that you need to consider, for example – 

    • How large do you wish the tree to grow ?
    • Do you want to avoid having to prune the tree regularly ?
    • Do you want to attract wildlife by planting native or fruit / seed bearing trees ?
    • Do you want to get a crop from your tree /
    • Do you want autumn or spring colour ?
    • Do you want a tree that does not shed leaves in the autumn ?
    • What type of soil will the tree be growing in ?
    • How damp or dry is the soil ?
    • Do you want to avoid plants that have poisonous seeds, flowers etc ?

     

    There are many books and web-sites that provide information and advice on choosing trees, for example

     

     

  • How can I get involved in tree planting and care ?
     

    There are a number of voluntary organisations that help to care for trees.

    The Cotswold Tree warden scheme is co-ordinated by the Gloucestershire BTCV.

    Gloucestershire Wildlife Trust run volunteer groups who help manage its reserves, including woodlands
  • Where can I go to see woodlands and trees in Cotswold District ?

     There are many beautiful woodlands in the District, a large number of which are accessible from public rights of way.  Information on public rights of way can be obtained from Gloucestershire County Council.

    Some woodlands are also specifically open to the public, for example -

  • Do I need permission to do work to my tree(s)?
     

    You do if the tree is

    The linked web pages also give an explanation of the exemptions to the need for consent.

    You may need permission (a felling licence) from the Forestry Commission if you wish to fell more than 5 cubic metres in any calendar quarter.  Felling trees in a garden is exempt from felling licence requirements.

    In some instances there may also be legal covenants protecting your tree.

  • Is my tree in a Conservation Area ?
     There are 144 Conservation Areas in the District, covering most of the main towns and villages.  You can find a set of maps of all the Conservation Areas on the Council's web-site.
  • Is my tree covered by a Tree Preservation Order ?

     You should be aware if there is a Tree Preservation Order (TPO) affecting any of the trees on your property, as the presence of a TPO would have been revealed when you carried out a search when you purchased your property.  If a TPO has been served since you bought the property, you will have been sent a copy of the TPO.

    If you would like to confirm whether or not there is a TPO on your property, please contact cdc@cotswold.gov.uk or 01285 623000.  In order to make it as simple as possible to find any relevant TPO, please provide an accurate address and post code.  To pinpoint an individual tree, a plan of the site and a description of the tree (e.g. species) will also be useful.

  • What is a Tree Preservation Order ?
     A Tree Preservation Order (TPO) is an order made by the Local Planning Authority.  TPOs are used to protect trees that provide an important public visual amenity, i.e. they make a positive contribution to the appearance of an area. It is illegal to carry out works (e.g. prune, top, up-root) or otherwise damage a tree protected by a TPO without the Council's consent.   Further information on TPOs is available on the Council's web-site.
  • Who makes a Tree Preservation Order (TPO) and how do they decide which trees to protect?

    Cotswold District Council makes Tree Preservation Orders (TPOs) in Cotswold District.  Initially the Tree Officers decide if a TPO may be warranted.  Then following discussion with senior officers and consultation with the relevant members - Chair of Planning (Regulatory) Committee and the appropriate ward member(s), a TPO can be served under delegated powers.

    In reaching a decision as to whether a TPO is required, the Council considers the public visual amenity of the tree(s) and the expediency of serving an order (the degree of threat to the tree). 

  • How can I comment on a new TPO ?
     If you wish to comment on a new TPO, either to support or object to that TPO you should contact planning@cotswold.uk.  If you wish to make a formal objection, this should be received by the Council within 28 days of the date the order was served or in certain circumstances within 28 days of the TPO notice  being sent out.
  • How do I request that a new TPO is served on unprotected trees?
     

    If you think that a tree warrants a Tree Preservation Order (it would need to meet certain criteria, e.g. high public visual amenity; visible from a public place; in reasonable condition; under threat etc) you should contact planning@cotswold.gov.uk. The request should include a clear indication of the location of the tree and the reasons why you think it should be subject to a TPO. 

    (It is worth noting that a TPO cannot be used solely to block development. Furthermore a TPO is a legal document and must be correctly prepared. This will take time and it can rarely  be prepared instantly, for example, for trees which are in the process of being felled.)

  • Where can I get a copy of a TPO ? And how much will it cost ?
     

    Copies of can be inspected at the Council Offices (Trinity Road, Cirencester) during normal office hours.  It would be helpful if you could give 1 days notice for the document to be made available. For people living in the North Cotswolds arrangements can be made for a copy to be viewed at the Council’s office in Moreton in Marsh.

    You can also purchase a copy of a TPO at a cost of £5 (or £10 for the extensive Upper Rissington TPO), payable in advance.

  • How do I make an application to carry out works to a tree protected by a TPO ?
     Detailed information on how to apply for permission to carry out works to a tree protected by a TPO is available on the Council's web-site.
  • How do I make a notification to carry out works to a tree in a Conservation Area ?
    Detailed information on how to make a notification to carry out works to a tree located in a Conservation Area is available on the Council's web-site.
  • What is the fee for a TPO application or Conservation Area notification ?
     There is no fee for applications or notifications to carry out works to protected trees.
  • How long will it take to obtain a decision on my application or notification ?

    In the case of TPO applications, the Council has 8 weeks within which to reach a decision.    If you do not receive a decision within 8 weeks, you have the right to appeal to the Secretary of State for non-determination of your application.  Cotswold District Council aims to provide you with a decision as quickly as possible and you will normally get a decision letter on your TPO application within about 4 - 6 weeks, provided that no complicated issues have arisen.

    In the case of Conservation Area notifications, the Council has 6 weeks within which to reach a decision.    If you do not receive a decision within 6 weeks, you have the right to carry out the proposed works.  It should be noted that the decision will either be a letter stating that the council has no objections to the proposed works or a Tree Preservation Order will be served on the tree(s).  If the Council is considering the use of a TPO, we will normally contact you first to discuss the possibility of you withdrawing your notification or amending it to lesser works.  Cotswold District Council aims to provide you with a decision as quickly as possible and you will normally get a decision letter on your Conservation Area notification within about 1 - 3 weeks, provided that no complicated issues have arisen.

     

  • Who is consulted on tree works applications and notifications ?

    Tree Preservation Order applications are advertised on our web-site to provide the opportunity for anyone to comment.  Parish and town councils are consulted directly on TPO applications and have three weeks within which to comment.

    Conservation Area notifications are not advertised on our web-site (although the decision notices are published).  We do not consult automatically on all  notifications, but we do consult parish and town councils on notifications that affect significant trees.  We may also consult ward members, amenity societies and neighbours where we consider that this will provide useful additional information in helping us to reach a decision.  Normally the consultation period is one week. 

  • What can I do if my TPO application is refused ?
     If your application is refused, you have the right to appeal to the Secretary of State.  You must appeal within 28 days of the decision date.
  • Will I have to plant new trees to replace any that are removed ?

    Evidently it is normally beneficial to plant new trees to replace any that have been removed; however you are only obliged to do so if there is a condition on your permission to carry out works to a protected tree, that states that you must plant a replacement tree.  The condition will normally specify the type and size of tree and where it must be planted.

    If you remove a tree, which is protected because it is in a Conservation Area, the Council cannot condition a re-plant, unless the tree was removed under the "dead, dying and dangerous" exemption to the notification process.

  • Will the Council pay for any works that are needed to my protected tree ?
    No, the owner of the land on which the tree is growing remains responsible for the tree(s) and their management. 
  • Are hedgerows protected?

    Hedgerows on non-domestic land  (i.e. around fields and along roadsides) are usually protected by the Hedgerow Regulations 1997, in that anyone wishing to remove a section of such a hedgerow is obliged to make a formal removal application to the council. Hedges around and within gardens are exempt from the Hedgerow Regulations. 

    Further information on hedgerow removal applications can be found on the Council's web-site. 

     
  • What is the law regarding High Hedges ?

     Part 8 of the Anti Social Behaviour Act  gives Councils powers to deal with formal complaints regarding high hedges.  The legislation makes it clear that the Council can only become involved once all attempts at negotiation etc have been exhausted. 

    For trees to be considered as a "high hedge", they must be -

    • made up of a row of 2 or more trees
    • more than 2m in height
    • capable of obstructing light or views
    • evergreen or semi-evergreen
    • growing on land owned by someone else

    Further information on high hedges matters can be found on the Council's web-site.

    There is a fee for making a high hedge complaint - £550 per complaint (£100 for those in receipt of means tested benefits)

     

  • I want to cut an existing hedge, which may have nesting birds. When can I do this?
     

    It is against the law to disturb any nesting birds, including eggs and active nests. You are advised to avoid carrying out the works between 1st March and 31st September, which is the main nesting season . If you feel that the work must be done during the nesting season you are advised to employ an ecologist who will survey the hedge and advise.  Please be aware that some birds nest outside the main nesting season and those nests and nesting birds are also protected.

    Further information is available from the RSPB.

CONTACTS

Heritage

 planning@cotswold.gov.uk

Cotswold District Council, Trinity Road, Cirencester, Gloucestershire, GL7 1PX

Tel: 01285 623 000

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