Trees and woodlands frequently asked questions (FAQs)

FAQs - General enquiries

What do I do if I’m concerned about my neighbour’s hedge?

If you have concerns about the height of a neighbouring hedge, please see the information on our high hedges webpage.

The following government webpage also includes useful information about hedge disputes: https://www.gov.uk/government/publications/over-the-garden-hedge/over-the-garden-hedge

How do I report trees that are overhanging the road and/or blocking the pavement?

Trees affecting the roads and pavement are managed by Hertfordshire Highways, part of Hertfordshire County Council. You can report the issue via its website or by phone: 0300 123 4047

I want to plant a tree, what do I need to do?

You are welcome to plant trees on any land that you own – but care should be taken when deciding which species you would like to plant along with their exact location.

Trees mature to all kinds of different shapes and sizes, and they require different conditions in order to thrive. It’s important to avoid planting large-growing trees too close to houses and garages, and to avoid planting particularly thirsty trees in drier areas of land.

If you’d like to plant a celebration or memorial tree in one of our local parks, please reach out to us and we will help guide you through the process. If we can find the right tree for the right place, we will gladly support you in planting and nurturing a commemorative tree. You can find out more about this here.

Where can I get more advice about looking after trees?

The following organisations offer lots of useful information about tree planting best-practices and ongoing care:

• The Arboricultural Association
• The National Tree Safety Group
• The Conservation Volunteers
• The Royal Forestry Society
• The Royal Horticultural Society
• The Tree Council
• The Woodland Trust
• The Arbor Day Foundation

Where can I find notable trees in Three Rivers district?

The Woodland Trust manages an Ancient Tree Inventory, and the following webpage includes a map to help find notable trees across the UK - https://ati.woodlandtrust.org.uk/

The Chilterns National Landscape webpage also has some guidance around local woodland walks - https://www.chilterns.org.uk/visit-chilterns/walks-rides-countryside-activities/featured-walks/

FAQs - Protected trees

Why are trees protected?

Trees and woodlands may be protected because the council, as the local planning authority, has determined that they have significant public amenity value, and their felling or pruning would be harmful to the local landscape. The trees may also have substantial wildlife or heritage value, and their loss would be detrimental to the environment or local community.

Under the Town and Country Planning Act 1990, trees in a conservation area or trees which the council has served a Tree Preservation Order (TPO) upon are legally protected from being felled, pruned, uprooted or destroyed (such as by poisoning, burning or causing damage to roots).

In a conservation area, all trees with a stem diameter greater than 7cm, when measured at 1.5 metres from ground level are protected.

There are 22 conservation areas in Three Rivers District, you can view plans and information about them here.

The council also serves TPOs to protect trees outside of Conservation Areas, if it is of the view they have significant public amenity value and it believes they may be at risk.

How do I know if a tree is protected?

If you are unsure whether a tree is protected, you can check on our protected trees portal. 

How do I apply to carry out works on a protected tree?

If you wish to undertake works to a tree protected by Tree Preservation Order you must make an application to the council and receive permission. The council has eight weeks to consider the application, but you do not have an automatic right to undertake works after this time.

If the application has not been determined within 8 weeks, you can make an appeal to the Planning Inspectorate for non-determination.

If you wish to undertake works on a tree in a conservation area, you must give the council six weeks notification before felling or pruning them. If the council objects to the work, it may serve a TPO to protect the tree permanently.

If the council has not responded within six weeks, you have the right to proceed with the work.

You can apply to carry out works on protected trees online via the Planning Portal. Alternatively, you can download and print off a tree works application form from the council’s website.

Please follow the guidance on our website for more information.

As well as permission from the council, you may also need permission from the tree owner, if it is not your tree.

Trees are being felled near where I live, is permission required?

If you are concerned about works happening to trees, please check The Ezytreez Protected Trees Portal to find out if the trees are protected, and the councils’ Planning Online website to see whether permission for works has been granted by the council. 

If you are still concerned, you can call us on 01923 776611.

Can I get a tree protected?

If you are concerned about a tree which you think is at risk of being felled, and which may warrant protection by Tree Preservation Order, please contact the council.

Please provide as much information about the tree as you are able to. An address and/or a clear location for the tree is vital and, if possible, the type of tree and why you think it might be at risk. Photos of the tree(s) can also be helpful.

FAQs - Management of trees

Can I cut back a tree overhanging my property?

The first step is to find out who the tree owner is and discuss your concerns with them. If you do not know who owns the land the tree is on you can contact the Land Registry.

You can check whether the tree is protected using the Ezytrees Protected Tree Portal

If the trees are protected, you will need to submit a tree works application before carrying out any pruning, cutting, lopping or topping works. Information on submitting a tree works application can be found here. 

Under ‘common law’ you may cut back any branch from a neighbour’s tree that overhangs your property with or without the owner’s consent. You have a legal duty to take ‘reasonable care’ whilst undertaking the works. For example:

• You must not enter the land on which the tree is growing without the owner’s permission.

• Branches must not be cut back beyond the boundary in anticipation of them overhanging.

• Any branches must be offered back to the tree owner, before disposing of them.

• You cannot alter the height of the trees on neighbouring land without the owner’s permission.

Common law rights allow you to cut back overhanging trees to the boundary.  If you carry out extensive works and in so doing make the tree unsafe, you may be liable. It is recommended that professional arboricultural advice is sought prior to carrying out any work.

I’m concerned about the safety or condition of a tree

The first step is to find out who the tree owner is and notify them. If you do not know who the owner is, you can contact the Land Registry.

If the tree is owned by you:

Get the tree inspected as soon as possible by a professional arboricultural contractor.  A list of fully qualified and insured tree surgeons and consultants can be found on the Arboricultural Association website. 

Check if the tree is protected under a conservation area or Tree Preservation Order (TPO) using the Ezytrees Protected Tree Portal.

On the advice of your tree surgeon, depending on the circumstances, apply for works by submitting a tree works application.

If the tree is owned by the Highways Authority (Hertfordshire Highways) or affecting the Highway:

Report the issue via phone: 0300 123 4047 or online.

If reporting online, including photographs of the trees can be very helpful.

If the tree is owned by Three Rivers District Council, or you can’t find out who owns it:

Report the issue online or by phone: 01923 776611

Include a description of your concerns, a clear location (for example, a What 3 Words) and a photograph if possible.

Who is responsible for the maintenance of trees?

Maintenance responsibility falls to the owner of the land on which a tree stands, together with any party who has control over the tree’s management e.g. owner, lessee, licensee or occupier of the land.

Where land is considered part of the highway, for example the roadside verge, then the relevant highways authority is responsible.

Land ownership is complex. The best way to check who owns the land is to do a Land Registry search. This can be completed online for a small fee. The title plan will show the extent of the land, and the register will provide the owners' details as an address.

There are caterpillars on a tree

Trees can suffer from a variety of pests and diseases throughout their lifetime. Some are hidden internally, some are especially obvious such as caterpillars.

Should you notice any caterpillars on trees within the district, please do not touch them but try to confirm:

• Who owns the tree?
• Is the tree Oak?
• Are the caterpillars hairy?
• Are the caterpillars making a line up the tree or cocooned in a silken nest on the stem of the tree or under a branch?

If you have answered yes to the questions above it is possible that the caterpillars are Oak Processionary Moth (OPM) Caterpillars. These caterpillars are classed as a pest. The tiny hairs can cause rashes and irritation to both people and animals. They are often seen in the months of May, June and July. They can also defoliate Oak trees and weaken them.

All sightings of OPM should be reported to the Tree Alert website. An information leaflet about OPM caterpillars can be viewed here.

I think tree roots are damaging my house

In the first instance contact your buildings insurer for advice. Your insurer will undertake an assessment of the property and vegetation within the proximity. Other site investigations such as drainage surveys, soil sampling, root identification and crack monitoring may also be undertaken.

If a tree is found to be a cause of the damage, your insurer will contact the owner of the tree(s) asking them to undertake works to resolve the nuisance and/or arrange for any repairs to be made.

If damage has not yet occurred, but you believe there is a foreseeable risk that the trees will cause damage in the future, then you should discuss your concerns with the tree owner.