A local politician is urging the council to provide clear advice in plain English for residents affected by problems with overgrown trees.
Independent councillor Peter Atkinson, who represents North Portslade, said that Brighton and Hove City Council should provide basic advice.
He said that residents need to know what they can do about problem trees in neighbour’s gardens – particularly when the issue is about the blocking of daylight.
Councillor Atkinson said that he regularly received complaints about huge overgrown trees blocking light, dangerous overhanging branches and even TV signals being blocked.
He said: “While residents can cut back branches that encroach on to their land, this always seems very unfair as there may be a cost if a tree surgeon needs to be employed.
“We also often have issues with the council itself not wanting to trim trees back on their own land, even when significantly overgrown.”
The situation is further complicated when trees are covered by a “tree preservation order” (TPO) when it’s obvious that the TPO was put in place when the tree was on open land and development has taken place around it since.
Councillor Atkinson said: “Tree problems are a very difficult area of the law, with conflicting advice being given by various websites and agencies.
“One case I’m involved in has been going on for almost 20 years now. The home-owner rents the house next door out and has shown no interest in responding to the residents who have contacted him about the enormous tree backing on to their properties.
“I contacted the council and this was the reply I got: ‘The Right of Light Act 1959 relates to apertures and does not cover outdoor space. There is currently no case precedent relating to trees under RTL.
“‘It is almost impossible to legally clarify “undisputed” daylight for the minimum period. It does, however, relate to new buildings and extensions where a date of construction can be confirmed.
“‘The resident should seek legal counsel. Being a civil matter, a local authority has no power of enforcement.
“‘If the resident(s) believe the trees form a continuous hedge as specified within the Anti-Social Behaviour Act 2003, part 8 (High Hedges) links to information on how to begin a formal complaint.
“‘This is a chargeable service. Although multiple parties may complain if the matter relates to a separate boundary, it cannot be considered within the original complaint. It is also worth noting that 2m is the minimum height for a complaint to be considered.
“‘The actionable height may not have a detrimental effect upon the tree, ie, disfigure or kill the tree.’
“I trust that clarifies.”
How about people hedges etc blocking pavements, the argus and some band wagon councillors where happy to wine about a few long verges and now it oooh leaves but there are some pathways out there which are now more hedge than path.
Great idea, empower people to chop down other people’s trees.
This was sarcasm btw
That’s what overgrowing trees do….spread!
Even if you have a negative opinion on greenery, it does tend to grow on you after a while.
Intentionally letting trees get out of hand so they have the perfect excuse to chop them down. That’s how environmentally responsible our council is.
Didn’t read the article properly did you Barry.
This is about dealing with trees on private land.
When I walked up from Preston Park recently to Woodruff Avenue, I encountered more than one house where their hedges covered 75% of the Pavement and in once case where it was impossible to pass without walking in the Grass Verge! Are the Council not able to issue orders requiring the property owners cut back their Hedges – if not, why not!!!
Yes they are but you need to contact the council / your councillor with the details.
And then the occupant will complain to the papers about it!
https://www.thesun.co.uk/money/property/23619642/neighbour-reported-lavender-bush-council-brighton/
The house that backs on to my neighbours trees have conifers about 50 foot high and blocks a lot of light out of my garden, the mess on the street from them is ridiculous and dont want to get started on the ivy that has taken over a lot of peoples gardens
I feel gardening and maintainance tasks could be best served through community payback schemes. People with community hours to serve could be a valuable resource.
What is the situation in a social housing setting relating to, derelict properties and overgrown trees. I have been unable to get any logical response
from the Brighton & Hove City Council
and not shown any duty of care.