Frequently asked questions: Planning and Building Control

Planning and Building Control questions

• Question: A privately owned tree is about to fall in to the highway.

• Question: A privately owned tree is about to fall on to non-highway land.

• Question: A privately owned tree is blocking the view from my property.

• Question: A privately owned tree is causing interference to my telephone cable/electricity cable.

• Question: A privately owned tree is obstructing a street light.

• Question: A privately owned tree is obstructing traffic lights and street signs.

• Question: A privately owned tree is touching my property.

• Question: A tree from a private property is blocking my view at a road junction, can the Council cut it back?

• Question: A tree from private property is overhanging a road or footpath, can the Council cut it back?

• Question: Can the Council get involved if I have a dispute with my neighbour over a high hedge?

• Question: Can the Council get involved if I have a dispute with my neighbour over a tree?

• Question: How do I find out if a tree is protected with a TPO or in a conservation area?

• Question: I have bird droppings from my neighbour's trees on my path/garden.

  Answer:

  You can exercise your Common Law Right to remove the nuisance associated with encroaching/overhanging trees – see Common Law Right above.

  Nesting birds are protected under the Wildlife and Countryside Act 1981 (and other related wildlife law) and as such should not be disturbed during the breeding season.

• Question: I have blossom/falling fruit and germinating seeds in my garden from my neighbour's trees.

• Question: My neighbour's tree has a bee/wasp nest in it.

• Question: My neighbour's tree is causing subsidence damage to my property

• Question: My neighbour's tree is interrupting my TV/satellite signal.

• Question: My neighbour's tree is overhanging my property, what can I do?

• Question: My neighbour's tree is restricting light in to my house and shading my garden

• Question: My neighbour's tree is shading my solar panels.

• Question: My tree has damaged my drains.

• Question: Poisonous berries are falling in to my garden from my neighbour's tree.

• Question: Sap/sticky residue is falling on to my path from my neighbours tree.

• Question: The tree roots of a privately owned tree is causing a trip hazard in a footpath, street, road or highway.