Trees and hedges

This section of the website is about trees growing on private land. These are the responsibility of the landowner, not us, and we have no power in these matters, however you do have certain rights under common law.

If a privately owned tree is causing a problem such as root growth damaging your building or vegetation overhanging into your property, you should contact the landowner. If the tree is on land belonging to a Housing Trust or Association you should contact the landlord.

Tree Preservation Orders (TPO)

A Tree Preservation Order is an order made by us to protect trees or woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public. To carry out any works on a tree subject to a TPO, an application must be made to us.

We make every effort to ensure this information is as accurate as possible, however if you think there is an error or some information is missing please contact us.

Copies of Tree Preservation Order legal documents, including a list of trees and a plan are available at a cost of £39.95 each.

If you would like to order a copy of a Tree Preservation Order, please complete our form. Please include the location of the tree so that the enquiry can be allocated correctly.

Trees in a conservation area

There are 96 conservation areas in Cheshire West and Chester. They are designated for their special architectural and historic interest and trees within them cannot be worked on without giving us prior notice.

We make every effort to ensure this information is as accurate as possible, however if you think there is an error or some information is missing please email us.

Works to protected trees

Any works to trees within a Conservation area or to trees covered by a Tree Preservation Order (TPO) requires consent under the Town and Country Planning Act (1990, and as amended).

It is an offence to cut down, top, lop, uproot, damage or destroy any protected tree(s) without first obtaining approval. If you wish to undertake felling or any form of pruning to any protected tree you need to complete and submit a tree works application form.

Please note:

• protection applies to all parts of the tree above ground and below ground equally
• it is an offence to wilfully prune, uproot, damage or destroy a protected tree
• failure to follow correct procedures may result in prosecution and a significant fine if it is considered that a tree (or trees) were pruned excessively or removed inappropriately without planning consent/approval

Once your proposals for tree works have been submitted, and the information has been provided to our satisfaction we will write to acknowledge receipt of your application and enclose a proposed tree works notice. All applicants are required to display this notice on site for a period of 14 days. The purpose of the notice is to keep the general public informed of proposed tree works and allow the council to respond to any concerns or enquiries that may arise. We have a period of six weeks in which to consider those proposals in respect of trees in a conservations area, and eight weeks in respect of trees subject to tree preservation orders.

Trees overhanging boundaries

Your Common Law rights allow you to remove tree branches that cross over your boundary without the need to seek your neighbour's permission. Notifying your neighbour of your intentions is always advisable. However, you must not cross the boundary to remove branches and should not dispose of the branches or any other material from the tree over your fence into your neighbour's garden. Ask your neighbour if they wish to have the material returned to them. If they don't want it, it will be your responsibility to dispose of it. You should also check whether or not the trees are protected as works to cut overhanging branches may require permission.

Trees on development sites

Trees on development sites can be protected by Tree Preservation Orders (TPOs), or by planning conditions attached to the planning permission, or both.

Planning conditions may also require you to plant trees which may then be covered by TPOs. The Order takes effect once the trees are planted. Protection of the trees by planning condition lasts for five years from when the trees were planted. Any work done to those trees would require permission from the local planning authority.

A TPO does not prevent planning permission from being granted, but the planning officer will consider the risk to protected trees when deciding the planning application.

Contact us

If you cannot find the answer to your query on our website, please send your query to us.