If a tree that is covered by a TPO or within a conservation area is dead or dangerous (DD rule), then you only need to give the Authority five days’ notice that you intend to carry out the works to the tree.
If a dangerous tree (covered by TPO or located in a conservation area) poses an immediate risk of harm to people or property and requires urgent work, you should take photos as evidence, contract an arborist to do only what work is necessary to remove the immediate risk and contact the Authority as soon as possible. The onus is on you to prove that the tree is dead or dangerous and if you cannot do so, a court may find you guilty of an offence. If you are unsure of the exemptions, it is advised you contact the Trees & Woodlands Team for clarification. You can use the form or send us the following information and we will respond to you as quickly as possible:
- Your name and contact details
- The location of the tree(s) (address and description)
- A brief description (e.g. dead tree), the species and if possible photos
- A plan clearly showing the location of the tree(s) in relation to other features/trees and a named road or grid reference
It is a legal requirement to replace any which is tree protected by TPO and which has been felled under a five-day notification. The replacement tree will automatically be covered by the original TPO and you will be asked to supply the details of a replacement tree or trees.
Cutting the roots of a protected tree is also potentially damaging and will require the Authority’s consent.