Trees - Your Questions Answered
Protected Trees
How can I find out if my tree is protected?
You can check whether or not the trees on your property are protected by a Tree Preservation Order by using the council's Tree Preservation Orders Register. To see if a tree lies within a conservation area please use FarehamMap (type in the address and ensure the 'Conservation Areas' Map Layer is ticked). Alternatively, please feel free to contact the Arborist within the Department of Planning and Transportation on Tel: 01329 236100 ext. 2443 or e-mail conservation@fareham.gov.uk.
If work is required to be carried out on protected trees the Council encourages the use of the new 1APP TPO application form - item 31 (opens new window), which is due to become mandatory in a few months. A paper copy can also be obtained from the Department of Planning and Transportation, Environment Group, Civic Offices, Civic Way, Fareham PO16 7AZ. If necessary the existing application form for working on protected trees (830 Kb) 
can be used until it is officially replaced.
For more information on Protected Trees and correct pruning techniques the Council has produced a set of guidance notes for applicants.
Trees and Your Property
My neighbour's trees encroach across my boundary, can I cut them back?
Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour's permission. However, it is always advisable to notifying your neighbour of your intentions before cutting any branches. When pruning back trees from neighbouring land you must not cross the boundary or enter the land to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour's garden, but first ask your neighbour if they wish to have the material returned to them. If they don't want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or located within a Conservation Area, you will need to seek formal permission from the Council before undertaking work to living parts of the tree.
My neighbour's trees are blocking my light, what can I do?
Technically your neighbour only has a duty to ensure their trees are maintained in a sound and healthy condition to minimise the risks to people and property affected by them. There is currently no restriction governing the height to which trees are allowed to grow. If you have concerns regarding a tree ask your neighbour how they intend to maintain it: you may be able to cut the overhanging branches back to the boundary. However, before either you or your neighbour undertakes works to any trees it is important to check the trees are not covered by a Tree Preservation Order, or located within a Conservation Area. For further information you can contact the Environment and Conservation Section on (01329) 236100) or email conservation@fareham.gov.uk.
My neighbours have a high hedge, what can I do about it?
The high hedges legislation was introduced on 1st June 2005 under Part 8 of the Anti-social Behaviour Act 2003 and applies to evergreen and semi-evergreen hedges of over 2m in height. Information relating to this matter – including three leaflets – may be viewed at the Department of Communities and Local Government website (this is an external hyperlink). The legislation provides for those who feel that a neighbour’s hedge is hindering the reasonable enjoyment of their property to submit a formal complaint to the Council. The Council will then investigate the matter and may, if considered appropriate, serve a notice on the hedge owner requiring them to reduce the hedge in height. The current fee for dealing with a high hedges complaint at Fareham Borough Council is £135 and the form is available to download (48 Kb) , please also read the guidance notes (82 Kb) for making a complaint.
In most cases, it is possible for neighbours to agree upon a course of action between them without a formal complaint being necessary. This is certainly the preferable approach for all concerned.
I have a big tree near my property, I am worried about the damage the roots may be doing to my house, what should I do?
Tree roots may potentially cause damage to built structures in two ways:
Direct Damage:
Damage can be caused by tree branches moving in the wind. This type of damage is generally minor – dislodged roof tiles or possibly broken windows. The remedy is usually a straightforward matter of keeping the tree cut back from the building. Damage can also occur when a tree is in constant physical contact with a building or structure, by the gradual growth of the tree pushing against it. The most common manifestation of this type of damage is the lifting of flagstones and tarmac by tree roots. Fences and walls can also be damaged. Damage cannot be caused to substantial buildings in this way because the forces involved are not strong enough. The greatest risk of direct damage occurs close to the tree from the incremental growth of the main stem and secondary thickening of the roots, and diminishes rapidly with distance.
Indirect Damage:
The forces involved where trees cause subsidence by water abstraction are much greater, and significant damage to buildings can result. This type of damage only occurs on clay soils. When water is removed from clay the spaces between the soil particles close, and the material shrinks. This affects the support for the foundations of buildings. Whether or not a building is affected by a tree in this way is impossible to predict. It depends on the interactions between a number of factors, including the shrinkability of the soil, the construction and depth of foundations, the size, species, vigour and rooting pattern of the tree, effects of other vegetation and any surface treatment, drainage and local weather conditions. Some trees can cause subsidence damage to buildings at considerable distance, while others can grow very close without causing any damage. Current building standards require that the presence of trees be taken into consideration when specifying foundations for new buildings, and foundations can be specified that will not subside. Sometimes structural problems are caused when buildings are constructed on ground already dried by tree root action if the tree is removed and the soil consequently re-wets and swells. This is the converse of tree-related subsidence, and is known as heave. It is not a common phenomenon, and it does not occur where the building is older than the tree.
The tree roots are blocking my drains, what can I do?
It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree. However replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring.
A tree is lifting paving slabs/ affecting my drive - can I cut the roots of a protected tree?
Cutting the roots of any tree is generally ill-advised as it may affect the tree's health and stability. If a tree is covered by a Tree Preservation Order, or if it stands in a Conservation Area an application will be required before root pruning can take place. You can download the application form (830 Kb) .
Are there any controls on the type of tree I can plant in my garden?
There are no controls on the type of tree that can be planted in your garden. However, there are a number of points are worth considering:
- How much space is available? It is always best to ensure the space is sufficient to accommodate the tree at its mature height and spread.
- Are there any overhead wires or below ground services?
- In what position is the tree in relation to the property? A new tree situated to the south or west may block afternoon or evening sun, while a tree to the north will not restrict direct light from entering the building.
- What is the site usage and occupancy? Leaves of some species may cause problems, particularly in the autumn, by blocking gullies and gutters. Fruit can cause slippery patches and accumulation of honeydew may be damaging to surfaces and vehicles.
Contact the Council's Tree Officer
Tel. (01329) 236100
Email conservation@fareham.gov.uk
Tree Preservation Orders Review
Why is the Council reviewing its TPOs?
There are over 3,000 properties in the Borough affected by Tree Preservation Orders [TPOs]. Some of these TPOs are now over thirty years old and are no-longer protecting the best quality trees. Many of these older TPOs apply a 'blanket' protection to all the trees within a defined area, regardless of their quality. This means it is often necessary for residents to apply to the Council for consent to prune or remove trees that are not of high amenity value. The purpose of the review is to ensure the Borough's TPOs are brought up to date, protecting the very best trees that exist today.
Are there any other reasons for the review?
We are also taking the opportunity to computerise our records relating to TPOs. This will improve our efficiency in the service we provide and in the long term will reduce the amount of paperwork involved. It will also help to provide new ways for residents to access TPOs records, such as through the internet.
Is Fareham the only Council reviewing its TPOs?
No. All local Authorities have been advised by the government to review TPOs in their area to ensure they remain up to date.
Are all the TPOs in the Borough being reviewed?
No. There are over 560 TPOs in the Borough, many of which were made in recent years and are still up to date. Furthermore, the practice of protecting large areas with 'blanket' orders is now rarely used. However, there are around 200 older, 'blanket' TPOs which will be reviewed.
Who is carrying out the Review of TPOs?
The Council is responsible for reviewing TPOs. However, this is a major project and the Council may appoint consultants to assist with the task.
What is involved in the Review?
The first step is to survey the area to assess the existing trees and identify those trees which are worthy of protection and those that do not qualify for protection. TPOs should be used to protect selected trees and woodlands if their removal would have a significant adverse impact on the local environment and its enjoyment by the public. When the surveys are complete new TPOs will be created which are selective and apply only to the better quality trees. The old 'blanket' TPO can then be revoked. Because TPOs are legally binding, there are a number of steps that have to be taken by the Council in making a new TPO or revoking an old TPO, and residents affected by TPOs that are being reviewed will receive more information on this at the appropriate time. Unfortunately, the legal process may require the Council to write to residents on a number of occasions. However, we will try to minimise the number of times we contact you.
How will this affect the existing TPO on my trees?
The better quality trees on your property that are in good condition and continue to provide good public amenity will in most cases be protected by the new TPO, whilst protection may be lifted from trees that are of poorer quality. In addition, some trees that were too young to be included in the existing TPO when it was made may be recommended for inclusion in a new TPO.
Is it necessary for somebody to enter my garden to inspect my trees?
Yes, in many cases, an arboriculturalist will need to enter your garden to carry out the tree survey. They will carry an identity card and if necessary a letter of authority issued by the Council. If you have any doubts about the identity of somebody claiming to be employed by the Council, please ask to see their identification or contact the Council's Environment and Conservation Team (01329) 236100 before letting them enter your property.
Why is it necessary to fix numbered tags to some of the trees?
In some areas, where trees are grouped together, the surveyor may fix a small tag to the trunk of the trees being assessed. Each tag has a serial number and this will help you and the Council to identify individual trees.
What can I do if I am unhappy with the outcome of the review?
You may object to the making of the new order and we will write to everybody affected by the Review and provide more information at the time.
Is there anything I need to do?
It is important that you advise the Council if you have been given permission to fell or prune a protected tree, and have not yet carried out the work.
Contact the Council's Tree Officer
Tel. (01329) 236100
Email: conservation@fareham.gov.uk
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