Concerning tree law in the UK, several critical factors exist to consider. The following guide provides more information on some of these essential factors.

Dangerous trees
In almost all cases, the one responsible for trees' safety is the landowner where the trees in question grow. There are some exceptions, such as when a rental agreement puts the tenant in charge of tree management. In all other cases, the tree manager has a duty of care to provide care such that their neighbours don't experience any problems. A tree owner also has the duty under the Occupiers Liability Acts to take proactive steps in ensuring visitors on the land are safe. This means that if a tree falls, the owner is liable. If it is proven that the owner has been negligent, such as allowing tree damage to corrupt the tree, then they can face the law. To avoid this, tree owners should always look to inspect their trees with the aid of arboriculturists.

Encroaching roots and overhanging trees
In general, the 'common law' makes provisions for pruning branches and roots that go over the boundary between properties even without consent from the owner. However, any works undertaken should be meticulous not to damage the tree because such acts are liable. It is always best to discuss matters with the tree owner before taking action. Consulting an arboriculturist, in this case, is always a good idea. If overhanging branches or encroaching roots have caused damage to a property, the insurer will approach the owner to decrease the issue and arrange repairs.

Tree protection
There are a few ways for trees to be protected in the UK.
Tree Preservation Orders (TPOs) – Local Councils, within their role as Local Planning Authority, administer TPOs. Their goal is to protect trees that add amenity value to the area. A TPO means it is an offence to top, lop, uproot or cut down a tree under protection without the local planning authority's consent. Hedges, bushes and shrubs cannot fall under a TPO, but it can be made for anything from a specific tree to an entire woodland. Anyone wishing to work on trees under a TPO should fill out an application form and send it to their local planning authority.

Conservation areas

parties that wish to do any work on conservation areas, need to send out six weeks prior notice via email, letter or the official form with a detailed explanation of the proposed results. The local planning authority can issue a Tree Preservation Order during that time.

Restrictive covenants

Essentially a promise between two parties, such as the buyer and seller of a property/land, to not do certain things to the area. It is binding to the land and not an individual owner, meaning it is a place even if the current owner sells the property to another owner.

Felling licenses
Felling a tree in a garden is possible, even without a felling license. However, for a tree outside a garden, applying to the Forestry Commission for a felling license is always recommended. This is regardless of whether a TPO covers the tree in question.

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Tree Preservation Orders (TPOs) are issued by local authorities to protect the countryside. They extend over individual trees of high amenity value or entire woodlands. 

Under the Countryside and Rights of Way Act, local planning authorities create Tree Preservation Orders. Whether they cover individual trees, groups of trees or woodlands, TPOs protect the trees that they cover from removal, improper pruning or any sort of action against them. Any action that would result in significant loss of amenity provided by the trees is considered to be against the law. Authorities usually exercise their judgement when they make TPO because ‘amenity’ is not defined in the law. The general purpose of a TPO is to protect woodlands and specific trees the removal of which will impact the community and the environment in a notable negative way. Before the local authority comes up with a TPO, they first ensure the public will benefit from the presence of trees/woodlands in question. 

Once a TPO is out, there it is possible to apply for the removal/pruning of protected trees. 

Applying for doing physical work on a protected tree 

Before you do any sort of work on protected trees, you must obtain permission from the local authority. It takes about 8 weeks from the date you submit the form called ‘Formal application to carry out works to protect trees. You will have to include a detailed description of the proposed work, in addition to a map of the trees. It is important to mention that arboricultural consultants can act as agents in applying to performing a tree survey. They can also advise you on the likely works that will be allowed. 

If the local authority decides not to grant permission for works, then you can take your appeal to the Secretary of state. It is important to understand that you need to have very reasonable grounds for appeal and you will most likely require agents to act on your behalf. Typically, arboricultural consultants will be of great help in the matter. They can launch a formal appeal, to give you the best chances of success. The allowed period for appeal is 28 days. 

TPO objection 

In regards to the provisional TPO, local authorities need to consider all representations made about it. What this means is that you will have some time to place some arguments against the TPO, before it comes to pass. Once again, you can work with arboricultural consultants to advise you. They know just what procedures the local authority needs to follow and the guidelines laid down by the higher authorities for confirming and revoking a TPO. In other words, the consultancy will know whether the local planning authority has not followed the exact procedures and guidelines, and they will then represent you with the objection. 

Challenging a TPO at the high court 

When a TPO is confirmed, there is no longer the option to appeal to the Secretary of State. Yet, there is a chance to apply to the High Court to quash the order. Such actions typically call the legality of the order into question. 

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Acute oak decline is a tree disease, which has impacted Europe severely several times in over 2 centuries. Currently, there is a version of this disease being observed in the UK, which has been monitored and examined for 20 years. The targets of this disease are trees over 50 years old, meaning that veteran oaks are at particular risk. 

The symptoms of acute oak decline include some of the following: 

• Crown thinning – sometimes it is a sudden occurrence, in other cases, it is gradual over 2 years. 
  
  
• Stem bleeding – the tree develops dark weeping patches. They may be less serious than they look, and can sometimes even heal if the tree recovers from that stressed state. 
  
  
• Tree stress – in such a state, a tree becomes more vulnerable to pests and diseases, which may appear on the tree. 
  
  
• Dark fluids – the dark fluids may seep through cracks in the bark, and run down the tree trunk. 
  
  

Several factors mostly determine the specifics of acute oak decline. The most important thing to remember is that the disease stresses out the trees. Things like waterlogging, pollution and sometimes drought are the environmental factors contributing to stressing the tree. Bacteria, fungi and insects can then further push an oak into decline. 

It bears mention that oak decline occurs in stressed trees. There are certain processes taking place then, such as the tree being unable to supply enough water, its crown becoming thin and it loses a certain amount of leaves. In response to drought, a tree will develop dark patches on the bark. The stress factors combine and then lead to low amounts of energy within the tree to compensate for the issue at hand. In this condition, it may be ill-prepared for cold months and not be able to manage a pest infestation as effectively. For trees pushed into decline like that, death may take place in the following years. 

Impact of acute oak decline 

Oak decline has been monitored for over 250 years. Germany has had an issue with this disease since the 1990s. In the UK, the oak decline has mostly struck in Wales and the southern shores of England. As it is an atypical disease, the spread of it is much lower. The same cannot be said for its environmental impact, however, especially in regards to the environmental conditions become more unpredictable. As a result, other tree species experience the same decline. 

The impact acute oak decline poses will increase, because environmental changes are ongoing still. Such a disease on trees will become more frequently surveyed, due to climate changes. Worse yet is the fact that the disease can cause the oak decline condition to be more severe. 

Here is what can be done about the acute oak decline 

Combating acute oak decline is not easy. One step in the right direction is to ensure more oaken trees are planted. More importantly, is planting them in an area that fosters their natural regenerative qualities. It is also important to do more research on the disease. Knowing what causes it and how it can be prevented and slow it down is very important. 

Good tree surveying is of utmost importance when it comes to acute oak decline. Having experts explore the trees in a given area and take notes of their condition can make all the difference in the world. Changing matters isn’t always possible, but it is essential to assess the situation early on. 

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The purpose of a tree survey is to provide essential information on the trees within a given area. Whether it is a private or public landscape, arborists can survey the land and gather data on the tree species, their age, condition, metrics and more. Also, the tree survey aims to provide information on various tree pests and diseases that may be present, as well as assess the risk of subsidence in the area. The survey outlines ways that a tree can be protected during any developments being made in the area, as well as provides information on tree preservation orders and more. 

There are many different surveys that you can get for your property. The experts conduct each to a certain professional standard, based on your requirements. Here are some of the tree surveys you can have for your property: 

• Condition report – in case you are managing a certain number of trees on your property and you want to find out more about their condition, then this survey is the right one to get. Professionals survey the trees and assess the potential risks associated with trees. They will then provide you with specific recommendations on how to manage these risks. 
  
  
• A survey for planning purposes – whenever you want to submit a planning application, you need to consider the trees in the area. There is a tree survey you will need to get before anything else – the BS5837 survey. Only qualified arboricultural consultants can provide such a survey. They gather specific data in the area and feature it on their report. The main reason for getting such a survey is to get yourself planning consent. It is also essential for determining how you can lower the risk of damage to the trees during any development in the area. 
  
  
• A tree survey for subsidence management – if there is a case of subsidence, you need a tree survey to identify the trees that are causing it. The goal of such a survey is to outline what steps can be taken to minimise the damage and prevent any future risk. Subsidence really isn’t a minor thing, as it can cause property damage and halt construction. Getting a proper survey is essential for managing such an issue, and for this reason, you will need to contact an experienced team of arborists to conduct the work on surveying the area and its trees. 
  
  
• A survey for buying a house – when you are buying a house, you will find that mortgage lenders usually require a tree survey. That is because they want to be in the know about any potential risks, including subsidence. Besides, trees do add value to a property, so it is essential to consult the right experts for the job. 
  
  
• Tree Preservation Order – various local authorities create tree preservation orders. They do so under the Countryside and Rights of Way act. The orders concern different trees, from specific ones to the entire area/woodland. The TPO is a tool to protect trees against acts of removal and anything that would otherwise contribute to a loss of amenity. Improper pruning is also a thing to be mindful of, which is why a TPO exists. Opposing a TPO is possible, although you will have to consult with an arborist company on how to manage the process. Once a company has conducted a tree survey, they should be able to tell whether the trees fall under the protection of a TPO. 
  
  

As you know more about the different kinds of surveys, you are now better equipped to get experts and conduct the right one. 

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If you want to clear some land in the UK, which has trees, you will likely require a tree survey. This is something that professional arborists can carry out for you. If you are not sure what a tree survey is and how to get one, then the following guide is right for you. 

What is a tree survey/tree report? 

Tree surveys represent the process of gathering detailed data about trees present on a given property. These surveys aim to acquire more information about trees on both public and private landscapes. The reason why one would want to get a tree survey lies with the fact that owners of the land and representatives of the management team behind it have a legal duty to maintain the health and safety of trees, especially if the land is open to the public. Furthermore, to make the right decisions about the area owners need to have the expert level of information, which arborists can acquire during a tree survey. It is usually performed to the BS5837 standard. It presents a guideline for all of the data that needs to go into the survey, for it to be of any legal use. 

What information do tree surveys collect?

The British Standard BS5837 accumulates all of the information necessary for tree surveys. Based on it, the experts provide data on: 

• The number of trees in the area 
• The species of trees in the area 
• Giving a unique reference number to each of the individual trees 
• Age of trees – sometimes given by class, i.e. young, mature, veteran 
• The life expectancy of trees 
• The diameter of the trunk 
• Radii of the crown 
• The health of trees – features structural and physiological condition 
• Management recommendations 

All of this is mostly information for the experts to read and make recommendations based on. It is what makes the tree survey viable. 

How to determine if you require a survey? 

Carrying out a tree survey is required by law in many areas. One of the reasons for this is the species of trees in the area, many of which require protection. The Wildlife and Countryside Act of 1981 sets out the directives, which protect certain trees, i.e. stating they cannot be cut down. Another reason for tree surveys lies with developing the landscape. For those who want to build within the vicinity of trees, they will require a tree survey to determine whether the trees there are under a tree protection order and how to minimise the negative impact of development on them. Trees add great value to any property, and so any designer out there will first want to see a tree survey for recommendations on how to prevent any damage. Another important reason for tree surveys lies with detecting pests, diseases and structural damage, as well as the need to prune or otherwise assist the tree so that it doesn’t become a hazard. 

Do you need a tree survey? 

If you are close to finalising the plans for the development of your property, and you have a desire to add ancillary buildings or extensions, then a tree survey is something you need to get. If you need service lines or change of access to the property, you will also need a survey. It should include all of the trees present there, including any that are within influential distance. Needless to say, it has to be carried out by professional arborists, who know how to conduct the survey from A to Z and come up with the necessary data and recommendations. 

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