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.

• 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?

  Answer:

  You have a Common Law Right to remove the nuisance associated with council or private trees overhanging onto your property.
  
  You can only remove branches from the point where they cross the boundary of your property. You have no legal right to cut or remove any part of a tree that does not overhang your property, doing so could lead to prosecution.
  
  You are strongly advised to consult a professional tree surgeon for guidance on how best to prune back overhanging branches, unless the works are small enough to be done with hand secateurs or similar.
  
  Before doing any works to a tree you should find out if it is protected by a Tree Preservation Order (TPO) or is within a Conservation Area. If the tree is protected you will need to get consent by making an application/give notice to the Council. You will need the Council’s permission to carry out work on a TPO tree. For more information please contact Development Management on 01952 380380 or email planning.control@telford.gov.uk
  
  You should talk with your neighbour before doing any work and you should offer the cut branches to them. You have a legal obligation to offer the cuttings (not leaves) back to the owner. But in all likelihood, you should consider disposing of the branches yourself.
  
  You cannot enter land that you do not own to gain access to a tree. Please ask permission from the landowner beforehand.

• 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.