# What is a dangerous tree? **URL:** \ **Category:** Plants\ **Created:** [April 1, 2021, 6:14pm UTC](https://howtodiscuss.com/t/what-is-a-dangerous-tree/39089 "2021-04-01T18:14:40Z")\ **Posts on this page:** 1\ **Showing post:** 2
**Author:** ![Mehak\_Fatima](https://howtodiscuss.com/letter_avatar_proxy/v4/letter/m/ad7895/32.png) [@Mehak\_Fatima](https://howtodiscuss.com/u/Mehak_Fatima)\ **Post date:** [April 2, 2021, 12:10pm UTC](https://howtodiscuss.com/t/what-is-a-dangerous-tree/39089/2 "2021-04-02T12:10:45Z")
Local planning authority consent is not required for cutting down or carrying out work on tree(s) which are ■■■■ or dangerous. This exemption also allows the removal of ■■■■ branches from a tree or the removal of dangerous branches from an otherwise sound tree. Determining whether a tree is ■■■■ or dangerous is not always a straightforward matter. Whether or not a tree has become dangerous for the purpose of the statutory exemption is a question of fact. If you believe the tree(s) have become dangerous you must provide us with five days notice in writing before carrying out the works. Anyone who is not sure whether the tree falls within the exemption is advised to obtain the advice of a professional tree consultant. If such harm or damage is far off, remote and not immediate, the trees do not come within the meaning of the exemption. If it is an emergency where works are urgently necessary to remove an immediate risk of serious harm, notice in writing of the proposed activities shall be given to the authority as soon as practicable after the works become necessary. If work is carried out on a protected tree under the ■■■■ exemption, the burden of proof to show, on the balance of probabilities, that the tree was ■■■■ or dangerous rests with the defendant. Outside woodlands, the landowner is under a duty to replace a tree protected by tree preservation order (TPO) which is removed because it is ■■■■ or has become dangerous. The duty on the landowner is to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. Local Planning Authority is not required in order to carry out only those works that are necessary to make the tree safe. The authority should be notified as soon as reasonably practicable of the works that have been carried out and the reasons for doing so. It is likely that you will be required to provide evidence of the need to carry out the works; a photographic record being particularly well suited to this. Failure to provide the required evidence on request can be treated as a breach of the Tree Preservation Order / Conservation Area. Significant height and/or a broad spreading crown do not, in themselves, make it a dangerous tree. Trees will grow depending on their type and on the presence of external influences such as adjacent structures, natural competition from other trees, soil type and fertility or microclimate. Significant swaying in the wind does not, of itself, make it a dangerous tree. Trees will naturally bend and sway in the wind, as the pliability in the branches is a natural mechanism that helps prevent fracture. A tree that has grown with a lean does not, of itself, make it dangerous. The tree develops fatter growth rings on one side to make it stable. There is likely be a problem, however, if a previously vertical tree suddenly develops a lean. Some hollow trees may have so little healthy tissue surrounding the hollow area that they can be regarded as dangerous, but this is by no means the norm. Trees do not become hollow overnight - it can take decades - and while the centre of the tree (the heartwood) may be decaying, the tree continues to lay down healthy wood (sapwood) around the outside of its trunk. This results in the formation of a cylinder, the strength of which depends upon the percentage of healthy to unhealthy tissue. Inspection by an expert is recommended. ■■■■ trees do not necessarily pose a significant risk, especially if they have only recently died. However they will, with time, decay to the point where the level of risk associated with them increases significantly. Not all trees that at first appear ■■■■ are in fact deceased; and it may simply be that they are late into leaf or lose their foliage early. You should seek advice from a qualifed arborist (tree surgeon) who will be able to guide you on the correct course of action. Leaving certain parts of a ■■■■ tree in situ, only so long it is safe to do so, can be of significant environmental value. a tree that you own is dangerous you should first contact a specialist tree consultant or contractor. In law you do not need the permission of the Council to cut down a tree that is ■■■■, dying or dangerous. However if you are proposing to cut down a tree included in a Tree Preservation Order or in a Conservation Area we advise you to give us five days written (or email) notice before carrying out the work, except in an absolute emergency. If work is carried out to a protected tree, you or your agent must be able to prove that the tree was ■■■■, dying or dangerous and, if it came to a prosecution case, to prove this in court. This can be done using photographs, keeping sections of decayed wood, and any other relevant evidence. You must also be mindful that bats are a protected species and often live in ■■■■/hollow trees. A tall tree and/or a broad spreading crown does not, of itself, make it a dangerous tree. Trees will grow depending on their type and on the presence of external influences such as adjacent structures, natural competition from other trees, soil type and fertility or microclimate. A tree swaying in the wind does not, of itself, make it a dangerous tree. Trees will naturally bend and sway in the wind, as the pliability in the branches is a natural mechanism that helps prevent fracture. Some hollow trees may have so little healthy tissue surrounding the hollow area that they must be regarded as dangerous, but this is by no means the norm. Trees do not become hollow overnight - it can take decades - and while the center of the tree (the heartwood) may be decaying, the tree continues to lay down healthy wood (sapwood) around the outside of its trunk. This results in the formation of a cylinder, the strength of which depends upon the percentage of healthy to unhealthy tissue. Inspection by an expert is recommended. Most trees have defects, but the vast majority do not render a tree dangerous. Defects may include minor ■■■■ wood where squirrels have stripped bark or minor decay pockets where bark has been damaged and the tree has suffered bacterial or fungal infection. It is the type and extent of the defect that is important in determining whether or not a tree is dangerous. Once you are sure of your facts we suggest that you should notify your neighbour of your concerns by first speaking to them and then following this up in writing (we suggest that you keep a copy of the letter) and ask that he/she address the problem. If he/she does not take appropriate action and damage occurs from negligence then you (or possibly your insurer if you make an insurance claim) may be able to take action against the tree owner. You may wish seek your own legal/insurance advice in such cases. Large trees are not necessarily dangerous and regular inspection will show areas of weakness. Work should then be undertaken to make the tree safe. A tree does not become a danger simply by being large or tall. Trees can live and remain healthy for decades, even hundreds of years. Of course there is no legal limit to the size of a tree. Their size is limited by availability of nutrients, light and water, but ultimately by physics - the way it transports water from its roots to its leaves - and not by legislation. You may wish to seek the advice of a tree surgeon if you are concerned about a neighbour’s tree close to your own property. Once you are sure of your facts you should notify your neighbour of your concerns by first speaking to them and then following this up in writing (we suggest that you keep a copy of the letter) and ask that he/she address the problem. It is always the tree owner’s responsibility to make any dangerous tree safe. If he/she does not take appropriate action and damage occurs from their negligence then you (or possibly your insurer if you make an insurance claim) may be able to take action against the tree owner. You should seek your own legal/insurance advice in such cases. If a tree was dying, damaged or diseased and the owner knew it was at risk of falling, he/she could be liable if it falls over on its own, but a neighbour would not be liable if a healthy tree fell over due to a storm or other natural event. **Note:** The City Council does **not** deal with trees under section 23 of the Local Government (Miscellaneous Provisions) Act 1976. Under this legislation local authorities have discretionary powers to deal with dangerous trees at imminent risk of causing damage. --- _[View the full topic](https://howtodiscuss.com/t/what-is-a-dangerous-tree/39089)._