Trees and Hedgerows

A Tree Preservation Order (TPO) is a special form of control that applies to certain trees. TPOs are used to protect trees that are particularly attractive and contribute to the appearance of an area.

It is illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the council’s permission.  

The unauthorised lopping, wilful damage or felling of a tree is a serious criminal offence and can result in a fine of up to £20,000. This will also apply to trees within a conservation area. 

Check if a Tree is Protected My Council

Apply for Permission to Undertake Works to a Protected Tree Planning Portal

A conservation area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve.

Trees often make an important contribution to the appearance of conservation areas and so are given special protection.

The fine for unauthorised felling or lopping of trees in conservation areas can reach £20,000

Prior notification must be given to the Council of any intention to carry out works to Trees in a Conservation Area, including pruning, lopping, topping and felling.

Check if a Tree is in a Conservation Area

Notify Council of Proposed Works to a Tree in a Conservation Area

An Important Hedgerow is a hedgerow within the countryside with archaeological, historical, wildlife or landscape interest. It must be over 30 years old, over 20m in length and not form the boundary of a house. It must also satisfy one of the additional criteria set out in Schedule I of the legislation.

The Hedgerows Regulations 1997

It is an offence, subject to a fine, to remove an Important Hedgerow without first securing a Hedgerow Removal Notice from the council.

Apply for a Hedgerow Removal Notice via the Planning Portal

For the council to consider a High Hedge Complaint, you will need to complete a form and pay a fee of £320.

Complaining to the council should be the last resort. Mediation should have been attempted before making a formal complaint.

A High Hedge complaint can only be made about a hedge which:

• Affects a house or its garden,
• Is comprised wholly or predominantly of evergreen or semi-evergreen trees or shrubs,
• Has two or more trees or shrubs in it and are these roughly in line,
• Is over two metres in height, and
• Acts as a barrier to light or access.

According to the Act, the following factors are not relevant to a high hedge complaint:

• It is only affecting a garage, barn, summerhouse, shed or other outbuilding.
• Fears that the hedge will break or fall
• That the effect of the hedge have led to health problems
• That other hedges in the area are maintained at a lower height
• That the hedge was there before the affected property was built or before the complainant moved into it
• That the roots of the hedge are affecting neighbouring land or property.

Government Guidance on High Hedges High hedges - GOV.UK

High Hedge Complaint Form High Hedges Complaint Form

Do I need permission to cut down/prune a tree or hedge in my garden?

Yes, if the tree:

• Is covered by a Tree Preservation Order
• Is within a designated Conservation Area
• Is within rented property - permission from the landlord
• Is within a property which is part of a relatively new development (up to 5 years) and may be covered by conditions on the original planning permission.

Is my tree or hedge subject to a Tree Preservation Order or Conservation Area?

Before carrying out any pruning/felling of trees and hedges, it is important to check they are not protected by contacting Erewash Borough Council's Planning Team.

My neighbour's trees encroach over my boundary. Can I cut them back?

Civil Law allows you to remove any overhanging branches back to the boundary line as long as you do not trespass on to your neighbour’s property. This can be done without gaining prior permission from the neighbour, but it is advised that you inform them.

The cut branches should be offered back to your neighbour but if they don't want them, it will be your responsibility to dispose of them. If a tree is protected by a Tree Preservation Order or within a Conservation Area, the Common Law right is removed and you will need to seek formal permission from the Council before undertaking work to living parts of the tree.

What can I do if a tree in my neighbour's garden is blocking light?

Loss of light to the house or garden involves complex legal issues and there is no legal right to light. If you have concerns regarding a hedge or tree, ask your neighbour how they intend to maintain it. You may be able to cut the overhanging branches back to the boundary.  

What should I do if tree roots are damaging my property?

Tree roots may cause damage to small structures such as paving stones and walls through direct contact. Houses which are sited on shrinkable clay soils can be affected by the natural shrinkage of the soil leading to subsidence. If you have concerns, contact your house insurer.

How should I look after trees on my property?

Advice and information on all aspects of tree care and maintenance can be found at the Arboricultural Association website or by calling them on 01242 522 152.