Local Authorities: consultation and ascertaining the requirement of a BS5837 survey

If you would like to have work done on trees, whether in your garden or just over your fence, on a piece of land near your property or out the front of your house blocking your view, then you need to be aware of a few things.

You must first find out who is responsible for the management of the trees in question. Even if the trees are in your garden or on a plot of land that you own, you must first be sure that they are not part of a Tree Preservation Order or indeed if they are in a Conservation Area.

If the tree or trees are not managed by the council and you are certain that you have the authority to instruct a tree surgeon to carry out work (i.e. the trees are yours, and are not subject to any TPOs or conservation orders) then Riverbank Tree Surgeons Ltd can help at your earliest convenience.

To check if your trees are subject to local authority management, your first port of call should be your Local Authority Planning Office, nowadays most communication is done through online forms hosted on council websites. Once you have filled these out the council will respond with the appropriate information and procedures you need to follow, if any.

Helpful links for our usual areas of work:-

  • https://www.southlanarkshire.gov.uk/info/200191/conservation/646/trees_-_arboriculture_and_preservation_orders
  • https://www.glasgow.gov.uk/index.aspx?articleid=17487

Sometimes consultation and approval can be a long process, especially if the trees are subject to a Preservation Order. You will likely be required to commission a tree survey to British Standard 5837 then submit this to the Planning Office for review, a site visit by the Planning Office will usually also be required.

Please be aware, instructing/ carrying out work on tree(s) subject to protection by a local authority without prior consultation and approval carries a significant risk of investigation and heavy penalties. Penalties incurred are determined on a case to case basis however can include a fine of £20,000 per tree.

Back in 2019 we worked with the Arboricultural Association and private consultants to upskill in the methodology and techniques required to deliver competent tree surveys that conform to British Standards. Since then we have successfully assisted many clients through the planning process in receiving formal permission to carry out work on protected trees. Further to this, we recently have undertaken a programme of further study in Geographic Information Systems that will allow us to build on the British Standard reports that we produce.

It is important to us that we play a positive role in the protection of Scotland’s trees and in maintaining a proactive relationship with local and national authorities. At RTS Ltd we see ourselves as more than just “tree-cutters”, and this is the result of a lifelong respect and fascination with everything to do with trees. We strongly believe in adopting a sympathetic approach when it comes to tree management and being advocates of the aforementioned processes is an essential part of this mindset.

Please do not hesitate to get in touch should you require support in navigating the process of making an application to carry out work on trees. Should this be required, we can provide you with a free quotation for a BS5837 survey, which offer at a competitive price.

We hope this blog post has been helpful!

Best wishes,

Riverbank Tree Surgeons LTD

Useful links for further reading :-

https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas

https://www.gov.uk/guidance/report-suspected-illegal-tree-felling#what-could-happen-if-a-tree-is-cut-down-without-a-licence