Information for Owners of Trees adjacent to the public highway – what to do now

1. Identify the tree(s) in question from the Devon County Council survey

In addition to the maps and photographs provided, where safe to do so the surveyor will have fixed a letter to the tree and marked an X or O with spray paint. The surveyor may alternatively have marked on the road/kerb to indicate the position of the tree, or where there is a group of trees, marked at either end of the group and a prominent tree within the group may have the letter attached.

Trees marked X are recommended from the survey to be felled within 6 months of the survey.
Trees marked O are recommended for other remedial work, for example, removal of dead wood, within 6 months of the survey.

The remedial work will be clearly identified on the survey report.

Please note that our tree surveys include those with a diameter of 18cm and above. Therefore, there may well be smaller trees/vegetation within your ownership alongside the highway, which you should consider for appropriate maintenance work. This is particularly the case with stands of small dead elm trees and stands of small diseased ash trees.

2. Contact us to confirm you are/are not the landowner

Make sure you send an email, or return the reply document in the post as soon as possible.

If you are the landowner, provide us with details of your plan to do the work. It will be helpful to contact us to see if there are opportunities to coordinate your work with work we and others are doing in the area.

3. Before starting work

a) Check if you need permission from other authorities

Felling Licenses

The tree or trees described in this report have been identified by Devon County Council as dangerous and in need of removal. Therefore they are exempt from the need for a Felling Licence under the Forestry Act 1967.

However, if you are considering removing trees other than those identified, please be aware of the regulations which may require a Felling Licence for volumes over 2 cubic metres in one calendar quarter.

You can find more information on tree felling and exemptions here: www.gov.uk/government/publications/tree-felling-getting-permission

Ash trees suffering from Ash Dieback, and trees outside woodlands, including those in hedgerows, are all included in the regulations and subject to the same volume thresholds and exemptions. If you decide you need to fell quickly, check the Forestry Commission guidance for the evidence you will need to justify your decision. Please consult the guidance for when and how to apply for a licence (www.gov.uk/guidance/tree-felling-licence-when-you-need-to-apply) or contact the Forestry Commission South West Area Team to discuss further at southwest.fce@forestrycommission.gov.uk

Tree Preservation Orders

You need to check whether the trees are protected, either as the subject of a Tree Preservation Order or by their growing within a conservation area, as you may be required to obtain formal consent to undertake work on the tree. Your Local District Council will be able to provide information and further advice on this matter. www.gov.uk/find-your-local-council

SSSls and Protected Species

To carry out work that may affect a Site of Special Scientific Interest, or if any works are likely to disturb any protected species, or damage or destroy a breeding site or resting place of a protected species, please contact Natural England on 0845 601 4523 for information on how to proceed.

You may need to obtain an European Protected Species Licence from Natural England to undertake works to the tree/s and failure to follow the procedures can result in criminal prosecution under the Wildlife & Countryside Act 1981 and the European Habitats Directive. Please be aware, it can take a number of weeks to obtain a Licence. Further information is available at www.gov.uk/wildlife-licences

Ancient Monuments

To carry out work that may affect a scheduled Ancient Monument please contact English Heritage: historicengland.org.uk/advice/planning/consents/smc/

b) Instruct a competent contractor to do the work

It is recommended that tree works are carried out by a competent, fully qualified and insured arborist to the standards set out in BS: 3998 Recommendations for Tree Work. You may wish to contact relevant authorities including the Arboricultural Association either via www.trees.org.uk or 01242 522152 to select a local contractor approved by their accreditation scheme, although other contractors are available.

c) Ensure public safety during the work

Due to the proximity of your tree(s) to the public highway, your contractor will need to be qualified and insured to work on the public highway, in order to ensure the safety of highway users when carrying out the remedial work. The contractor will need to get an agreement from Devon County Council regarding the timing of the work and the traffic management arrangements (traffic lights/road closure etc). You need to be aware that the contractor will probably pass on to you the traffic management costs incurred. You may expect to pay between £200 and £1000 a day for traffic management depending on the specific requirements. Please note that even if you believe you can undertake the work without going onto the highway, you will still need to ensure public safety whilst the work is in progress, which may require appropriate traffic management.

d) Check if electricity power lines are in the vicinity

If there are power lines in the work area, call Western Power Distribution on 0845 601 2989 as soon as possible, as you will need to liaise with them to enable the works to be carried out safely.

e) Check if telephone lines are in the vicinity

If there are telephone lines in the work area, call BT Openreach on 0800 023 2023 and select option 1.

Further questions

If you have any further questions or need this information in a different format, please do not hesitate to contact us on 01392 385084 (Option 1) or email us at elm@devon.gov.uk, quoting your reference number.