Frequently Asked Questions

Trees

For information on tree management, tree planting and protected trees in the Fareham borough, please select an option from the list below.

Trees in Fareham are the responsibility of the Parks Team in the Department of Customer Services, Leisure and Community Division and the Environment and Conservation Team in the Department of Planning and Transportation.

 

Frequently Asked Questions

What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is a legal document made by the Council to protect individual trees, groups of trees or woodlands. It controls the type and extent of pruning work that can be done to specific trees.

The TPO comprises about 10 pages of detailed information explaining how the order works and landowners'' rights, together with a plan showing the position of the protected trees and a list (the First Schedule) which provides a written description of the trees and their location.

Further detailed information can be found on Fareham Borough Council''s Protected Trees Webpage.

How is a Tree Preservation Order made?
When a Tree Preservation Order is made by the Council, a copy of the Order will be served on the owner of the tree(s) and other interested parties for eg neighbour / adjoining landowner.

Trees covered by a TPO remain the responsibility of the tree owner.

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 TPO 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 or email conservation@fareham.gov.uk .

How do I apply to carry out works if my tree is protected?
All applications for works to protected trees should be made using the standard Tree Works Application form (this is an external hyperlink). For assistance with completing the application form please refer to the accompanying Guidance Notes (this is an external hyperlink). A paper copy can also be obtained from Environment & Conservation, Civic Offices, Civic Way, Fareham, PO16 7AZ.

For more information on correct pruning techniques the council has produced a set of guidance notes for applicants.

My neighbour/s trees are blocking my light, what can I do?
The tree owner has a duty to ensure their trees are maintained in a safe and healthy condition to minimise any 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 please contact the Environment and Conservation Section on (01329) 236100) or email conservation@fareham.gov.uk. Alternatively you can check the online Tree Preservation Orders Register and follow the link to FarehamMap to geographically see Tree Preservation Orders and Conservation Areas.

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.

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?
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. Please view the Tree Works Application form (this is an external hyperlink). For assistance with completing the application form please refer to the accompanying Guidance Notes (this is an external hyperlink). A paper copy can also be obtained from the Department of Planning and Transportation, Environment Group, Civic Offices, Civic Way, Fareham PO16 7AZ

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.

How can I find out more about trees on my property?
Contact the Council''s Tree Officer



Tel. (01329) 236100



Email conservation@fareham.gov.uk

Why is the Council reviewing its Tree Preservation Orders?
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 Tree Preservation Orders Review?
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.

Is Fareham the only Council reviewing its Tree Preservation Orders?
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 Tree Preservation Orders 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 Tree Preservation Orders?
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 of the Tree Preservation Orders?
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 Tree Preservation Order 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 Tree Preservation Order 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 about the Tree Preservation Order Review?
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.

How can I find out more about the Tree Preservation Order Review?
Contact the Council''s Tree Officer



Tel. (01329) 236100



Email: conservation@fareham.gov.uk

Does the Council have a Tree Policy?
In order to manage effectively the Council''s tree resource and trees protected by a Preservation Order, Fareham Borough Council has produced a Tree Policy. The final version was formally adopted in July 2007

I have an enquiry about a tre on Council land - Who do I contact?
Please contact the Trees & Parks Officer by telephoning 01329 236100 Ext 4606, or email customerservices@fareham.gov.uk. Alternatively, you can fill out our online Tree Enquiry Form.



We aim to make inspections after tree enquiries within 10 days of receiving them. In more urgent cases, the situation will be inspected sooner

I feel that a Council tree is immediately dangerous and the Council Offices are closed - Wbo do I contact?
Should a tree-related incident occur outside office hours that will not wait until the Council Offices are next open. The Council has an emergency telephone number - Out of Hours Emergencies 0800 374485.

A Council tree is obstructing my light - can it be pruned?
Any work to a tree puts it under a certain amount of stress, and leaves it open to infection from fungi and disease. In addition, future growth from the point at which the tree is pruned is at greater risk of breakage due to the weakened union. For these reasons, operations solely to improve the availability of light can be large undertakings and commitments, so only in exceptional circumstances does the Council prune trees to improve the availability of light.

How tall are trees allowed to grow?
There is no maximum height to which the Council allows its trees to reach, unless there is a reason to limit this growth in order to reduce a direct risk to health and safety. Wherever possible, Council-owned trees are left to reach their natural size and shape.

A Council tree is blocking my view - can it be pruned or removed?
There is no right in law to a view, and a view obstructed by the growth of trees cannot legally be regarded as a nuisance. The Council will not normally prune or remove trees to create or restore a view.

A Council tree is interfering with my tv/radio signal - can it be pruned?
Poor reception due to perceived interference from trees will only merit remedial pruning when the work required is constant with good arboricultural practice, and will not unduly affect the amenity or health of the tree, and current financial constraints allow.

A Council tree is dropping seeds, leaves or fruit - can it be pruned?
Leaves, seeds and fruit are carried on the wind, and are largely out of the control of the Council, therefore pruning work will not normally be carried out based solely on problems arising from their seasonal fall. The fall of leaves, seeds and fruit from trees can cause frustration, though it is widely accepted that this is an unavoidable problem which occurs together with all the benefits associated with living in proximity to trees.



Our street-cleaning section regularly sweeps and cleans the streets to prevent falling leaves and fruit from causing too much of a problem. If you want to know when your street is due for cleaning, contact our street-cleansing section. Please telephone Street Scene on 01329 236100 or email customerservices@fareham.gov.uk.

There''s a tree on the grass verge outside my house - can it be pruned?
If the tree in question is located on the verge between the pavement and the highway, it is likely to be considered part of the highway, and any enquiry relating to a tree in such a position should be directed to Hampshire Highways. Please telephone 01329 236100 or email highways-transport.south@hants.gov.uk

I am a Council tenant and have trees in my garden that need pruning - what should I do?
Trees situated in the gardens of Council housing, or in open spaces in Council Housing estates are the responsibility of Fareham Borough Council’s Housing Department.



For enquiries relating to these trees, please telephone Tenancy Services on 01329 236100, or email customerservices@fareham.gov.uk.

I am a Council tenant and there is a tree on a grassed area that needs pruning - what should I do?
Trees situated in the gardens of Council housing, or in open spaces in Council Housing estates are the responsibility of Fareham Borough Council’s Housing Department.



For enquiries relating to these trees, please telephone Tenancy Services on 01329 236100, or email customerservices@fareham.gov.uk.

A tree is overhanging or blocking a path/road. What can be done?
When a tree on Fareham Borough Council land causes an obstruction to a public highway or footpath, then we aim to respond as soon as possible and take remedial action. Please contact the Trees & Parks Officer by telephoning 01329 236100 Ext 4606, or email customerservices@fareham.gov.uk.



If a tree is obstructing a highway or public footpath from any other land, then Hampshire Highways are the correct authority to contact. Please telephone 01329 236100 or email highways-transport.south@hants.gov.uk

Will you replace a fallen, felled or diseased tree?
Yes, we will always do our best to replace trees, although sometimes trees cannot be planted in exactly the same spot.

What tree work can I expect to be done?
Trees that pose a direct risk to health and safety are the priority of the Council and will be addressed before ‘good neighbourly’ issues (the pruning of overhanging trees etc).



The Council will not undertake pruning that may be detrimental to the health and vigour of trees within its management. However, reasonable steps will be undertaken where appropriate to ensure that our trees do not pose any significant adverse effects on neighbouring property.

When will tree work be completed?
The key work priorities for trees situated in apark or public open space are listed below:

Trees that are perceived as imminently dangerous. (Emergency – within 2hrs)
Trees that are perceived to be dangerous where work needs to be undertaken at a safe time. (Urgent work – within 2 weeks)
Works on hazardous trees identified through tree inspections and site visits. (Planned Red – within 12 weeks)
Tree works to abate or remove an actual or potential nuisance caused by a Council tree. (Planned Orange – within 6 months)
“Good neighbour” issues such as reducing encroaching branches over properties and general formative pruning. (Planned Green – within 12 months)

How does the Council deal with Tree Preservation Orders on Council property?
It is not the policy of the Council to serve new Tree Preservation Orders upon trees already within its ownership. The Council employs qualified officers who are committed to maintaining and protecting the multi-faceted benefits that the borough’s trees provide, and such legislation could act as a barrier to good arboricultural practice.

Can the Council recommend a tree surgeon?
The Council cannot recommend tree surgeons - to do so would be offering some tree surgeons an unfair competitive advantage. A business directory (such as the Yellow Pages) is the best means of finding a competent tree surgeon, suited to specific needs. The Council produces guidance on choosing a tree surgeon.

Where do I obtain further information regarding trees?
For further information relating to trees in parks, open spaces or adjacent to greenways, please telephone the Trees & Parks Officer on 01329 236100 or email customerservices@fareham.gov.uk.

External link to information on Preparing for Emergencies .|. The official Government website for citizens .|. The official Government website for business .|. External link to Get Safe Online website .|.

How to get here

Fareham Borough Council, Civic Offices, Civic Way, Fareham, PO16 7AZ

Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770