Trees which form part of the original boundary features are maintainable by the adjacent landowner as the accepted assumption is that boundary features are constructed/grown in order to separate the adjoining land from the highway, it is further considered that the boundary feature itself is also not part of the highway, i.e. the highway extends up to, but does not include, the boundary feature.
In these instances, then unfortunately the maintenance/felling of these ash trees is to be met by the land owner as these will be considered as belonging to them.
I have received a letter about ash tree(s) on my property, what should I do?
Contact your local independent ARB approved contractor, to assess the tree(s) and arrange for works to be carried out as stipulated in your letter.
Which trees do I need to act on?
Our tree safety officers, will identify infected ash trees, which are a cause for concern and within falling distance of the highway. Photographs will be taken as evidence and included in letter(s) sent to private landowners along with a location plan. Where it is safe to do so the tree(s) or highway will be marked in red paint to identify the area of concern.
We would encourage land owners with trees adjacent the highway to carry out visual inspections of their trees, on a regular basis.
Levels of Infection
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Level
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Infection
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Minor
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Early stage infection
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Level 1
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0% to 25%
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Level 2
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25% to 50%
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Level 3
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50% to 75%
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Level 4
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75% to 100% (dead)
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Choosing your Tree Surgeon
The Arboricultural Association, ARB Approved Contractor Directory
Choosing your tree surgeon leaflet
Street works licence for traffic management
Street works team should be informed of any works being carried out on the public highway, and should know who is carrying out the works, the duration of the works, and the type of traffic management is being used.
Further information is available here.
Tree Preservation Order/Conservation Area
If the trees are protected by a tree preservation order or if they grow in a conservation area you must submit an “Application for tree works’ to the local planning authority via www.planningportal.co.uk/applications for consent to undertake work.
You can carry out works without the need for TPO permission/conservation area notice if they are urgently necessary to remove an immediate risk of serious harm, or to such other extent as agreed in writing by the district council. If doing this. you should only carry out the minimum works necessary to remove the immediate risk.
If you do carry out works under one of these exceptions then you must, by law, give notice in writing to the planning authority as soon as practicable after the works become necessary.
In most cases of trees with confirmed ash dieback, permission for felling the whole tree is not likely to be withheld by the district council.