Can You Prune A Council Tree That Is Blocking Out Light In Your Home?
By
HuutiMoney
If you are wondering whether or not you can prune a council tree that is blocking out light in your home, you will be able to find the answer to your question in this blog post. Additionally, we will also discuss the laws regarding pruning (and even cutting) trees as well as instances when the council takes action to prune or cut down trees.
Can You Prune A Council Tree That Is Blocking Out Light In Your Home?
No, you cannot prune a council tree that is blocking out light in your home. Trees on council land are not only the property of the local council authority but their maintenance is also the council’s responsibility.
As a resident, you cannot prune a council tree for blocking out light in your home (you can only prune trees planted on your own property) as there can be dire consequences for the action. Pruning a council tree goes against your legal rights.
If anyone prunes a council tree, they will face criminal damage or they will be liable for prosecution for trespassing. Most trees in the UK are protected under the Tree Preservation Order. This is the reason why the rights of residents are limited even when it comes to trees planted on private property as well.
If there is a council tree that is blocking out light in your home, the only action that you can take is to inform your local council authority and request them to have the tree be pruned. When you do this, you should include the following information with your application:
- mention the location of the tree
- mention where the tree is blocking light from
- explain the consequences of the obstruction of light
- include a visual (a picture) of how the light is obstructed
Will The Council Prune A Tree That Is Blocking Out Light In Your Home?
It is highly unlikely that the council authorities will prune a tree for blocking out light in your home. Even though the “right to light” applies in England and Wales under The Rights of Light Act 1959, it does not apply to trees and cannot form the basis of an appeal to prune a council tree.
The only exception to this is under the Prescriptions Act 1832, according to which the resident should have enjoyed light from a window for a minimum period of 20 years before the obstruction took place; and that too of a severe and unreasonable degree.
Although the Prescriptions Act 1832 mainly applies to buildings, if you’ve enjoyed light from a window for 20 years and it is being obstructed by a council tree, you can use this as the basis of your appeal to prune it.
It may be worth noting here that councils generally don’t prune trees if they’ve been pruned in the past 5 years.
When Does The Council Prune Or Cut Down Trees?
Council authorities will only prune or cut down trees (they will make this decision after inspecting the premises) under the following circumstances:
- the tree is diseased or damaged
- the tree’s branches are overhanging on private property
- the tree is causing danger to motorists
- the tree’s branches obstruct highway signs
- the root structure of the tree can cause structural damage to the property
However, if a resident notices a potential threat or damage by a tree on private or public land, they should inform their local council office and request action.
Conclusion:
The above discussion helps to conclude that the council will not prune a tree on public land if it is blocking light in your home; unless under specific circumstances. Even though the “right to light” remains applicable in certain parts of the UK, it does not directly apply to trees.
References:
Report a tree blocking light – Gateshead Council
Council trees affecting your property | Tree maintenance and planting | Birmingham City Council