Arboricultural Impact Assessment in Epsom | Trees and the Law

From duty of care requirements to building regulations, there are various laws surrounding trees and it is essential you comply with requirements. Formed in 2014 and with a range of industry accreditations, Arbor Cultural Ltd has extensive experience of tree laws and helping customers in Epsom and across the South of England fulfil all kinds of requirements. Whether you need an Arboricultural Impact Assessment as part of a planning application or tree surveys and tree reports to maintain the safety of trees on your property, we provide expert assessments and recommendations to ensure you comply with the law. We also offer a range of other services such as decay detection testing, vitality testing and air spading to help you maintain the condition and benefits of trees.

At Arbor Cultural Ltd, we know the laws and obligations surrounding trees can be confusing, which is why we have produced this handy guide to some of the key legal aspects of tree ownership and management, and how we can help you uphold requirements with tree reports, expert advice and other services.

Common Law

Under common law, landowners in Epsom can prune back trees that overhang their boundary as long as you do not create a hazard. This applies to branches and roots, however this does not mean overhanging branches become your property. Consequently, maintaining overhanging trees is the responsibility of the owner, and they should take the proper measures to ensure the health and safety of their trees.

This may include dealing with dead branches or arranging services such as tree surveys or decay detection testing to identify suitable management.

Statute Law

All landowners in Epsom have a duty of care towards anyone on their property, whether that’s family, friends, visitors, employees or trespassers. Under the Occupiers Liability Acts (1957 and 1984) and the Health and Safety at Work Act 1974, you must not expose anyone to an unacceptable risk, and this covers the maintenance of any trees on your site.

Arbor Cultural Ltd offers tree reports and services to help you uphold your obligations. From Arboricultural Impact Assessments for new developments to management recommendations and air spading to improve the health of trees, we offer a range of expert services and advice to help you keep your trees in Epsom as safe as possible.

Planning Law

When it comes to planning construction or development, there are regulations surrounding trees and local authorities may have further requirements. The main points to consider are:

  • Tree Preservation Orders (TPOs) – TPOs are legal documents which can protect individual trees, groups of trees or trees on an area of land. If a TPO is in place, the local authority has a say in what happens to protected trees and you must submit any proposed work to these trees to the local planning authority for approval.
  • Planning Conditions – Every project has different requirements, and if there are trees on your Epsom site, or nearby, you may have to carry out a tree survey as part of the planning process. Many applications require an Arboricultural Impact Assessment (AIA) which involves various checks and recommendations. For example, an AIA may include decay detection testing to identify the condition of trees and management advice such as air spading for remedial health.
  • Conservation Areas – If you wish to prune or remove a tree in a conservation area and it has a diameter bigger than 75mm, you must give the local planning authority 6 weeks’ notice of proposed works.

Call Arbor Cultural Ltd on 07899 984162 or 03335 775523 for Arboricultural Impact Assessments and expert tree consultancy in Epsom and the South of England.