Frequently Asked Questions
Responsibilities of Tree Owners
If a tree is within the boundary of your property, according to Common Law Duty - The Duty of Care, you, as the owner of the tree, have a responsibility to ensure it is maintained in a safe state. The tree should be safely maintained so that it does not cause damage or injury to another party.
Understanding Tree Preservation Orders
A tree preservation order or TPO, as it is most commonly referred to by local authorities, is an order that is placed on a tree due it being of high public amenity or on a native tree that is considered to be of perfect form for that particular species. If a TPO is on a tree in your garden it should be noted in the deeds of your house or if it has been placed on a tree whilst the property is in your ownership then you should have been informed, in writing, by your local authority.
If you require arboricultural work to be carried out on a tree with a TPO, you will need permission from your local authority prior to work commencing. This process normally takes six weeks until a decision is made. Heartwood Tree Surgeons Limited is willing to apply for this permission on your behalf and this service is usually carried out free of charge.
Arboricultural work that is exempt from making a TPO application although is being applied to a tree with a TPO
Without applying for permission to carry out work on a tree with a TPO, but after informing your local authority, we can remove dead, diseased and dangerous branches from the tree.
Heartwood Tree Surgeons Limited would like to highlight that carrying out any type of work to a tree with a Tree Preservation Order (TPO) is an offence and can hold with it a fine of up to £2,000 per tree if you wilfully damage the tree and up to £20,000 if you wilfully destroy a tree that has a TPO.
Understanding Conservation Areas
If you live in a conservation area any substantial tree within that area will be protected. This tree should approximately be 7.5cm in diameter at 1.5 metres above ground level, although this can vary between local authorities due to their individual specifications and it is always advisable to check with your local authority before commencing any tree work.
Work can be carried out on protected trees in conservation areas but firstly you should obtain written permission following a six weekly application to your local authority. It is a common misunderstanding that it is only Oak trees and other broadleaf species which are protected. However any species that falls above the measurements stated above are protected in a conservation area.
Heartwood Tree Surgeons Limited would like to highlight that carrying out any type of work to a tree with a Tree Preservation Order (TPO) is an offence and can hold with it a fine of up to £2,000 per tree if you wilfully damage the tree and up to £20,000 if you wilfully destroy a tree that has a TPO.
Responsibility of an arboricultural contractor towards Health and Safety
As already explained in our Health and Safety section Heartwood Tree Surgeons Limited can provide full method statements prior to the commencement of works. A copy of our site specific risk assessment can be made available to you upon completion of works.
We operate a 26 metre access platform in order to comply with the current Health and Safety legislation surrounding Work at Height Regulations 2005.
All of our climbing, lowering and access equipment is inspected in accordance with LOLER - Lifting Operations and Lifting Equipment Regulations 1998.
All of our work equipment is inspected and maintained in accordance with PUWER - Provision and Use of Work Equipment Regulations 1998.
We feel that it is of paramount importance that our customers are aware of the definitions of work specifications that we follow. These are taken from British Standard 3998: 1989 Recommendations for tree work. These are the standards that we work to and a definitive list is available on our website. Click here for more information.
Environmental concerns surrounding tree waste
Heartwood Tree Surgeons Limited is a registered Waster Carrier with the Environment Agency which means that we can legally transport wood chip and logs on public roads.
In order to recycle waste in an environmentally responsible manner Heartwood Tree Surgeons Limited supplies alternatively fuelled power stations with logs and wood chip in order to produce biomass - a sustainable fuel.
