Tree Services
The Council owns and is responsible for many woodlands and thousands of trees. Not only does the Council have a moral duty to ensure this resource is cared for but also a legal duty to take reasonable steps ensure their safety.
Trees and woodlands are a key part of our every day lives. Trees fill our rural and urban landscapes, whether it is the broad sweep of a forested hillside or small ornamental cherry tree in someone's front garden; together they provide us with a whole range of benefits. These include increased house prices, trapping carbon dioxide and keeping dust down.
Despite the many benefits of trees, people often complain about individual trees; they like the tree outside their neighbours house but not their own. Blossom and leaves on lawns, slippery paths, shade, loss of view, safety concerns and poor TV / satellite signal are some of the common calls we receive about trees.
Caerphilly County Borough Council will not carry out tree works to resolve these common complaints. Only works for health and safety or for good tree management will be undertaken.
As well as managing trees within council responsibility the council has a duty to protect trees that are in private ownership and are under threat. To do this a Tree Preservation Order (TPO) is used. To find out more information about what a TPO is please read our 6 most frequently asked questions below.
1. What is a tree preservation order?
It is an order made by the council which in general makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission.
2. How can I check if a tree has a preservation order placed on it?
Contact Planning Administration on 01495 235215 or call in at the Planning Dept at the Civic Centre in Pontllanfraith.
3. What type of trees can be covered by an order?
All types, including hedgerow trees, but not hedges, bushes or shrubs. A TPO can cover anything from a single tree to whole woodlands.
4. When an order is made does the Council then become responsible for looking after the trees?
No. The owner remains responsible for the trees, their condition and any damage they may cause. But the owner must get permission from the council to carry out work on them, unless they are dying, dead or dangerous (see question 5)
The council may be able to offer appropriate help and advice.
5. Do I always need permission to work on a protected tree?
Yes, however some works are exempt from the regulations. Trees that are dead, dying or dangerous may be pruned or felled as necessary. Whilst these works are exempt it is always better to speak with the council before carrying out any works on a protected tree.
6. What happens if I carry out work on a protected tree without permission?
If you cut down, uproot or wilfully destroy a tree, or wilfully damage, top or lop a tree in a manner likely to destroy it you could be fined up to £20,000 on a summary conviction, or on indictment be liable to an unlimited fine. In determining the amount of the fine, the court would take into account the actual, or likely, financial benefit arising from the offence. For other offences you could be fined up to £2,500. You will normally be expected to plant a replacement tree if the tree was cut down or destroyed.
Further Information:
You can find out more about tree preservation orders in the following:-
· Town and Country Planning Act 1990 (in particular sections197-214 as amended)
· The Planning and Compensation Act 1991 (section 23)
· Forestry Act 1967 (as amended)
· Statutory Instruments numbered SI 1969 No. 17, SI 1975
No.148, SI 1979 Nos. 791 and 792, SI 1981 No. 14, SI 1985
Nos. 1572 and 1958, SI 1987 No. 632 and SI 1988 Nos. 963
and 970.
These are available through HMSO and may be seen at some main libraries.
You may also find it helpful to send off for a copy of the Forestry Authority booklet Tree Felling - Licences and Permissions. Write to:
The Forestry Authority,
231 Corstorphine Road,
Edinburgh
EH12 7AT.
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