Trees

Many trees within Rossendale belong to private landowners such as farmers, businesses and the general public. Landowners have a duty of care to ensure that any reasonably foreseeable risk of harm or damage arising from trees on their land is appropriately managed. If a privately owned tree causes damage to property or individuals, the landowner may be held liable where it can be shown the landowner was negligent in maintaining the tree.

Danger regarding privately owned trees

Rossendale Borough Council will NOT inspect or undertake works to trees on land which it does not own or control. If a tree in private ownership is shown to be a danger to the adopted highway please report it to Lancashire County Council.

Report to LLC

If you have a problem with a privately owned tree or hedge, please contact the owner outlining your concerns. The Governments ‘Over the Garden Hedge’ guidance can help you manage this process and find a workable solution. Land ownership details can be accessed using the land registry website for a small fee

Common Law Rights

Individuals have a Common Law right to address certain issues caused by privately owned trees. Where a person wishes to exercise these rights, the following guidance applies;

• Work may only be carried out on those parts of a tree that extend over the boundary of your property. You must not cross onto neighbouring land or work beyond your boundary without the landowner’s permission. There is no legal right to prune or remove parts of a tree that are entirely within another person’s or organisations property.
• You are advised to inform your neighbour before pruning overhanging branches. Any material removed remains the property of the tree owner and should be offered back to them. If the owner declines, you are responsible for its disposal.
• Where branches from Council-owned trees are removed, arisings must be disposed of appropriately and must not be returned to Council land. If damage is caused to a neighbour’s tree or to a Council-owned tree during pruning works, you may be held liable.
• It is strongly recommended that a suitably qualified arborist, with appropriate public liability insurance, is consulted before undertaking any tree work. Minor works such as those carried out using hand secateurs or loppers may be under taken without specialist assistance where appropriate.
• Before carrying out any work, you should check whether the tree is subject to a Tree Preservation Order (TPO) or is located within a Conservation Area. If so, consent must be obtained from the Council’s Planning Department prior to any works being under taken.

Preservation Orders

To view an indicative list of TPOs please use the link below:

Tree Preservation Orders 

Planning

For information on planning please use the link below: 

Tree Works & Planning