A tree is owned by (and therefore the responsibility of) the person on whose land it stands. If a tree straddles a border, ownership lies with the land on which it was originally planted. This can be difficult to determine, so in practice shared ownership is often assumed, but you should obtain legal advice before taking action.
If the tree in question is in a park or open space, growing in the street or highway verge contact the Arboricultural Officer. Normally the tree in question will be inspected and an assessment made of the work required and its priority. This assessment will be guided by the Council’s Tree Policy and Good Practice Guidance Notes:
You must have permission to undertake works on trees if they are covered by a Tree Preservation Order (TPO) or if they fall within a conservation area. You may also need a felling licence from the Forestry Authority (external website**) if you are felling more than three cubic metres of timber - but gardens and certain other sites are exempt from felling licences. Other than the above controls, you may undertake works to trees that you own. It is advisable to check with the council to ensure there are no protected trees or the Forestry Authority (external website**), who will be able to give you a definitive answer on specific cases.
Requests for work to trees situated in the gardens of council housing, or in open spaces in estates managed by High Peak Community Housing (external website**), should be referred to your local neighbourhood coordinator.
If you own the tree you should have it inspected by a competent arboriculturist and follow his/her advice. See section on tree works for advice on employing an arborist and a list of arboricultural consultants and contractors.
If the tree is owned by someone else, then you should initially express your concerns to the owner. If you are unhappy with the response you received from the landowner, and you consider the tree to be serious hazard, then you can contact the Arboricultural Officer, using the Tree enquiry or request form. We may be able to ask the owner of the tree to carry out any necessary work, under the Miscellaneous Provisions Act (1976). However, this will depend on the circumstances and only if the tree is imminently dangerous.
If the tree is on private land, but either obstructing or a hazard to the highway, you should report this to Derbyshire County Council (external website**).
Between 8am and 8pm you can call the council’s customer services on 0845 129 77 77 or 01298 28400. Outside these times if the trees are on land owned by High Peak Borough Council you can call the Council’s emergency number 0845 129 4877.
If it is on or tree effecting the highway you should contact Derbyshire County Council on 08 456 058 058. If the tree is on private land it is the responsibility of the land owner to get a tree contractor to deal with the tree, you should make sure the owner is aware of problems.
You are entitled to prune back any overhanging branches to your boundary line but not beyond it. You cannot trespass onto your neighbour’s property to do the works, unless you have permission.
You are obliged by law to offer any parts of the tree removed back to the owner before you dispose of them.
If a tree is protected by a Tree Preservation Order, or is within a Conservation Area, then you must apply to the Council for permission to prune the tree.
If you are unsure whether a tree is protected or not, contact the Arboricultural Officer
We strongly advise you to contact the tree owner before pruning the tree, as they may wish to make alternative arrangements with you.
There is no maximum height to which trees are allowed to grow. In the case of evergreen hedges, it may be possible to restrict the height of the hedge by making a formal complaint to the council. For more information, see High Hedges.
Wherever possible, Council-owned trees are left to reach their natural size and shape, unless there is a reason to limit this growth, in order to reduce a direct risk to health and safety.
Advice on tree planting is available from several sources. The British Trust for Conservation Volunteers (BTCV) has a guide called Tree planting and Aftercare – a practical handbook (external website**), which is free to download. The Tree Council (external website**) also offers advice and some grants for tree planting.
The Royal Forestry Society website (external website**) has a guide to grants that are available for tree planting. The Forestry Commission (external website**) administers the English woodland grant scheme (EWGS), which provides advice and very worthwhile grants for the establishment of woodlands of more than three hectares.
Trees can sometimes cause problems with television reception, but you need to make sure that they are the cause of your problems before requesting that a tree is pruned for this reason. The council has produced an advice note, Trees and television digital reception (66KB), which gives more information on this issue and explains how the council will deal with requests to prune trees.
**Please note: High Peak Borough Council is not responsible for the content of any external websites.
