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Many trees in the district are protected, meaning work can not be carried out to them without permission.
This includes trees with a Tree Preservation Order (TPO), trees in a conservation area, or trees that are part of a new development (up to five years) which may be protected by planning conditions.
TPOs are used to protect trees that are important because of their size, condition, appearance, cultural value or contribution to the local environment. Carrying out work to a protected tree without permission can result in prosecution and fines.
There are more than 600 TPOs in effect in the Dover district.
Anyone wanting to carry out any works, including pruning or cutting down a TPO tree, needs to apply for formal consent.
If a protected tree is dead and/or immediately dangerous, then permission to make the tree safe is not required from us. The works should be limited to those necessary to make the tree safe.
Anyone wanting to carry out tree work under this exemption must give us five days' notice in writing by emailing tree.enquiries@dover.gov.uk before carrying out the work, except in an emergency.
The responsibility lies with the owner and/or the person carrying out the work to prove that the tree is/was dangerous. Photographs and the written opinion of a qualified tree specialist can be helpful.
Hedgerows
Some agricultural hedgerows meet specific criteria and are classed as important.
If a hedgerow is classed as important, you may need to submit a Hedgerow Removal Notice before carrying out any work.
Trees are the responsibility of the owner of the land on which they grow. We do not have the powers to ensure that people carry out regular tree maintenance. To find out who owns a piece of land you should contact the Land Registry (opens in new tab).
We advise tree owners to have trees inspected at regular intervals, and also after major storms, by a competent person.
If you own a tree that is dangerous, contact a competent tree specialist to give you advice as soon as possible.
If a dead or dangerous tree is protected and it’s condition has been confirmed by a person competent to make that decision, then you do not need to make a full application for making it safe.
Landowners have a responsibility to ensure that their trees do not present an unreasonable risk to neighbours, but they do not have an obligation to cut back overhanging branches. There is a common law right for a neighbour to cut back branches as far as the boundary, subject to getting any relevant permission if the tree is protected.
By law you should offer to return the prunings to the tree owner. We also advise you to let the owner of the tree know before you begin any work as they may wish to make alternative arrangements with you.
If you are considering cutting back overhanging branches or tree roots on your land, we advise you to get the opinion of a qualified tree specialist first, as you may cause the tree to become unstable or die.
As a landowner, we have a duty of care to manage trees on our land so they do not present an unreasonable risk to people or property.
We inspect trees regularly to identify problems early. Only essential works will be undertaken in order to manage a tree. The type of works undertaken will depend on the location, species and state of health of the tree.
We will carry out work where there is an issue with:
tree health – where work is necessary to support the tree’s long-term survival; dead, dying or diseased trees are only removed as a last resort
tree safety – where a tree poses a potential or immediate danger
damage – for example, where branches are touching buildings, physical contact with walls, windows and gutters or roots are resulting in structural damage
fallen trees or loose limbs
We will not carry out work where the issue is only about:
loss of light or shade
blocked TV signals
falling leaves, fruit, seeds, pollen or bird droppings
overhanging branches
If branches from our tree overhang your garden, you may prune them back. If the tree is protected by a Tree Preservation Order or is in a conservation area, you must obtain consent before carrying out any work.
The impact on wildlife of all tree works will always be thoroughly considered. Where appropriate, dead and fallen wood will be left on site, unless there are sound conservation and safety reasons for its complete removal.
Trees that border railways and stations, including their car parks, are usually the responsibility of Network Rail.
Trees on housing association land
Trees located on land owned by a housing association are the responsibility of that housing association. Maintenance and management of these trees should be carried out by the organisation that owns the land.
If a neighbour's hedge is affecting your property, you must try to resolve the issue with them before asking us to investigate. Keep a record of any steps you take, as you'll need to provide evidence you've tried to resolve the matter yourself.
The fee for making a high hedge complaint is £600. We will contact you to arrange payment if we are satisfied that the complaint can be considered.
We may not be able to investigate if:
the hedge does not meet the definition of a high hedge
it is not evergreen or mostly evergreen
it is less than 2 metres high
it is not affecting light or access
the complaint is considered frivolous or vexatious
We are unable to conduct site visits to inspect trees for the presence of disease. If you want confirmation of disease, then you should consult a competent tree advisor.
