Council-owned trees
Trees have a significant effect on our quality of life providing ecological, aesthetic, social and health benefits. We are committed to maintaining and increasing the level of tree cover in Kirklees.
We have a programme of inspection and maintenance works aimed at keeping people safe from harm and preserving our tree stock. Retention of trees is always the preferred course of action unless there is a clear justification otherwise.
- Tree removal is sometimes necessary.
- Processes are followed before a decision is made.
- A decision to fell is based on council policies, management standards, level of evidence and justification. These are balanced against the value of the tree and potential impact resulting from its loss.
- Can allow decay pathogens to enter trees.
- Causes a tree to produce new growth.
- Substantial pruning can pose a risk to older trees.
- Only happens for statutory reasons or to reduce risk of harm to people and property.
- Pruning for other reasons would be exceptional and at the discretion of the council.
- Council-owned trees at risk of imminent failure in the vicinity of people or property, will be treated as an emergency and dealt with as soon as possible.
- Hazardous private trees, not threatening public places are the responsibility of private parties to resolve. Speak with the tree owner first. The council is not the first point of contact in civil matters.
- Tree owners are expected to take care of their own responsibilities.
- If a private tree within falling distance of a public highway or space is reported and assessed as a danger to the public, the landowner will be instructed to make the tree safe. The council may intervene the owner fails to act in a reasonable timescale. The council can recover expenses.
- If trees owned by the council have damaged a property, you must provide evidence that the tree is the primary cause of damage. Evidence will be assessed and if so, reasonable action will be taken to mitigate further damage.
- We will only perform work on land which the council is responsible for.
- If there is concern about potential subsidence damage due to a tree owned or managed by the council, contact your property insurer.
- If a council-owned tree is the primary cause, evidence is required from an appropriately qualified expert to support allegations, along with:
- Description of the property, including details of damage, crack pattern, date damage first occurred or was noted, details of previous underpinning or building work, geological strata for the site.
- Details of relevant vegetation and management since the discovery of damage with a plan showing the vegetation and affected building.
- Measurement of the extent and distribution of vertical movement using level monitoring. Where level monitoring is not possible, crack-monitoring data should be provided. Data provided must show a pattern of movement consistent with the presence of the tree(s). Monitoring is usually required for at least 12 months.
- A profile of a trial/bore hole dug to identify foundation type, depth, and soil.
- Sub-soil characteristics including soil type, liquid limit, plastic limit, and plasticity index.
- Location and identification of roots. If inconclusive, DNA testing should be carried out.
- Proposals and estimated costs of options to repair damage.
- A report from an arboriculturist to support the tree work proposals, which must include arboriculture options for avoidance or remediation.
- Technical evidence about other property damage (for instance: garden walls, drains, paving, surfaces) should be provided by an appropriate expert.
- Must include consideration of remedial actions and construction solutions, which allow trees and structures to co-exist.
- In some situations, the council can agree to third parties or volunteer groups doing work on its land to help resolve specific issues providing work doesn't compromise the tree.
- All work needs prior agreement in writing from the council and would be funded by the third party.
- Details of the contractor need to be provided, along with:
- Copy of public liability insurance.
- Copy of qualifications relevant to the work.
- Risk assessments and method statements.
- Work should not take place until written consent is granted. Work completed without prior written consent may result in the council seeking compensation from those responsible.
- If a council-owned tree is touching private property, we will take appropriate action and will undertake work to prevent the problem recurring within three years.
- If a council-owned tree is overhanging a private property, no action will be taken. In exceptional circumstances, pruning options may be considered.
- Common law permits landowners and occupiers to trim trees within the curtilage of their property back to their boundary. If actions make a tree unsafe, they may be liable for damage. Any party exercising this right must not cross the boundary or access third party land without consent from the landowner, including where the council is the landowner. We are not obliged to accept the return of pruned materials from our trees. It should only be left on council land if written consent has been given.
- There is no legal "right to light".
- We will not fell a tree to improve natural light to private property.
- The council will not prune or fell a tree because of natural debris drop.
- Leaf fall, blossoms, fruits, nuts, and seeds are natural and considered part of routine maintenance.
- Sticky sap called honeydew and bird droppings can be a nuisance but are not considered sufficient reasons to prune or remove a tree. Nesting birds are protected under the Wildlife and Countryside Act 1981 (and other related wildlife law).
- The council will not prune or fell a tree to enable or ease installation, or improve reception of satellite or television receivers.
- The council will not prune or fell a tree to improve vision of security cameras or sensor equipment unless requested by an appropriate authority (for instance: the Police).
- Security of premises is the responsibility of the owner, and any system should be installed to avoid interference from existing trees.
- The council will not prune or fell a tree to improve the performance of solar water heating collectors or solar panels such as photovoltaic cells.
- Trees must be fully considered when selecting a suitable location for solar collectors and panels.
- The council will not fell trees to remove or reduce interference with telephone wires, but there may be instances where we can prune trees to reduce interference.
- Wires do and can run through trees with little or no effect. Service providers will often install wires after the tree has been planted. Seek advice from service providers.
- A tree is not dangerous because it's considered too big for its surroundings.
- The council will not prune or fell any tree because it is considered to be too big or too tall.
- The council does not recognise lopping, topping or pollarding tree management. It will only be undertaken in exceptional cases.
How to make an enquiry
Fill in our simple online form.
Clock Completing this form takes around 10 minutes.
Enquire about or report damage to council-owned treesAfter you've applied
- We respond to emergency and urgent requests as soon as practicable. These are defined as enquires of a dangerous, important or critical nature.
- We confirm receipt of enquiry within 7 days.
- Where work is requested, we tell you our proposed response and what process to expect within 28 days.
- We respond to general enquiries within 2 months with our case assessment and actions proposed.
When work will be done
- Emergency work is done as soon as practicable.
- Urgent work is done within 7 days.
- High priority work is done within 2 months.
- Medium priority work is done within 8 months.
- No action is taken on low priority requests about low-level nuisance. No action is required by law.