It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it. The cutting back of any trees in public open space or parks without the Council’s expressed permission can be considered 'criminal damage', the tree being a community asset with a value, and will be reported as such to the Police. Henderson, Baker, Campbell and Pennington opposed it. “Most of the people I talk to in Troy, when they see (land) get clear cut, it upsets them. Q: My neighbour has a lot of trees in his front and back garden, and the tree branches overgrow the boundary walls.As I do not want to cause any bad feeling, I do not kick up about this. You must take care, however, that any maintenance you perform on the tree branches does not damage the rest of the tree. It doesn't matter if the tree belongs to the council or if it is your neighbour's, if any branches cross onto your property you can cut them down to your boundary. Making a complaint to the council When the tree starts to fall move quickly out of the way to your safe place. …ouch! The Council is not responsible for trees in private gardens. Tree-related issues are often the cause of neighbour disputes, but what you can and can’t do is far from straightforward. At the end of the day, the housing association owns the trees so they should be the first port of call. “I’ve had a lot of comments from the public. I think it’s disturbing to a lot of people.”. If you want to prune or remove tree(s) on your property, you may need to apply for approval from council. Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If you see work such as pruning, topping or felling being done to trees you know are protected, you can - approach the owner/operative and politely ask/inform them whether they knew the tree was protected through a TPO or being in a Conservation Area, or had they contacted the local Council … All Right Reserved. Letter to Council to Cut Coconut tree. 0. If the tree has a Tree Preservation Order (TPO) placed on it then you will need permission from the council to perform any works to the tree, whether that’s removing a branch or felling the tree. It is unreasonable for his HA to suggest that they do it themselves. Even so, the law only grants you permission to remove them back to the dividing line or border. Mind you trees cut back that sharply are useless and look ugly. I … However under Common law tort of nuisance an affected neighbour has the right to cut back roots or branches that encroach onto a neighbouring property back to the boundary of the land owned by the person abating the nuisance without the neighbours consent (with the exception of protected trees i.e. So i brought two of the same tree's and planted them. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. “I’ve had a lot of comments from the public. the type of trees or hedge - for example, will it be damaged, how often will they need to maintain it and when is the best time to cut it back. Not sure what type it is. • Require that the tree fund be used to plant trees on public property. Trees with Tree Preservation Orders and in conservation areas are the exception. Contact your local council authority for permission before you attempt to do anything to trees with TPOs. You can find a list of qualified tree surgeons on the Arboriculture Association’s website. Everything revolving around neighbour’s trees is guided and controlled by the Tree Disputes Between Neighbours Act 2006. “I don’t understand why we want to put such restraints on a developer that has invested his capital and purchased property in the city of Troy to better our community with good quality housing that people want to come and move into,” Henderson said. He told the council that his company, MacLeish Building, also has a landscape company. If you are wondering whether you are allowed cut back a tree on neighbouring land, have a read of our guide to your rights on trimming a neighbour’s tree. I'd back the council on this one. Within 10m of a home, inground swimming pool or dwelling 4. The resolution for reconsideration of the Woodland Protection ordinance will be submitted to the council for the next available meeting. 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