Maintaining Trees and Hedges

The Oxhey Hall Conservation Area covers Hillcroft Crescent, Oaklands Avenue, Raglan Gardens and part of Vivian Gardens.

In the Conservation Area trees are specifically mentioned in terms of how to deal with them.  At present there are in excess of one hundred trees within the area, or on its borders, that are covered by Tree Preservation Orders (TPOs).  In addition to this:

“   permission is needed to lop, top or fell all the remaining substantial trees (defined as having a trunk diameter of 75mm or more at 1.5m above ground level).”

So, to maintain your garden and not run the risk of substantial fines, you do need to be aware of any trees with TPO’s within your boundary and to take care in managing any other of your trees (or hedges, of which more later).

Additionally the Conservation Area document states that:

“The Council must be informed in writing of proposals to lop, top or fell trees. No such work shall be undertaken until six weeks’ notice has been given to the Council which provides an opportunity for the making of a TPO should it be considered appropriate. If a tree is dead, dying or dangerous emergency works may be carried out. As the onus is on the landowner to prove that the work was necessary, the owner is advised to consult the District Council in advance in such cases. The trimming of existing hedges does not require permission. However, work to a line of trees which was planted as a hedge or boundary which has not been pruned as a hedge will require consent.”

This permission is normally sought using a Section 211 Notice which starts a six week time period.  If in doubt ask the Tree Officer at TRDC or contact Planning.

However this is where it all gets a little bit greyer.

For example where a tree is dead, diseased or dangerous a request can be submitted to the tree officer giving TRDC only 5 days to respond.  If no reply is received work can commence – at the owners risk – should the council later consider that the request was unreasonable.  Of course the tree may have gone, but the potential significant fine hasn’t.  TRDC may raise a TPO to protect a tree as a part of this process.

Formal requests will end up on the planning website and, for councillors, this will be preceded by the weekly email notifying them of tree requests.  As these are carried forward they will end up on the planning website.

So on to the grey area – hedges.  If an approach is made to the council regarding a “hedge”, bearing in mind that the “dangerous” category may also be considered to apply, then the Tree Officer will respond informally – maybe by telephone or even a visit (one of our committee has experience of this).

If the hedge is e.g. Leylandii it is likely that permission will be given without a formal request being raised.  This is because the type of tree will be considered.  A tree that is standalone is automatically included in the need to apply if the size conditions apply, even if the trees are planted in a line.  If they are considered as the sort of tree that could be important, then formal permission may be needed.  But Leylandii trees (or similar) are not considered as important and if they are in a close line along a boundary, even where they may not have been pruned consistently, they will be classed as a hedge and pruning is then likely to be acceptable.  The go ahead will usually be given without a formal application.  Reduction of height need not be to the recommended height of 2 metres, but can be as agreed.  Pruning may also be progressive so as not to cause damage to such an extent that the tree/hedge would die.

The law has a role to play here and the term ‘high hedges’ was subjective until it was defined by the Anti-Social Behaviour Act 2003: Part 8 in 2005.  This defines a gap free line of two or more evergreens with a height of above 2 metres.  This obliges Local Councils to allow for hedge trimming of evergreen and semi evergreen hedges where they have become overgrown, either by the owner or through a request from a neighbour.  The law arose largely because of Leylandii which are often considered to be a “weed” or nuisance.  There is a huge volume of advice and guidance on getting hedges dealt with, so always agree a course of action with your neighbour wherever possible and if those hedges are overgrown then agree to deal with them.

Most importantly – keep those gardens maintained.  The Conservation Area is intended to maintain the feel of the area not to unduly stop residents being able to manage their gardens.