Problems with overgrown trees are spreading, says councillor

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.”

Councillor Atkinson said: “Of course, this didn’t clarify. I simply do not understand the language or the content and nor would most residents I’m guessing.

“While I appreciate the council needs to make sure its advice is comprehensive and accurate, this type of wording can be very difficult to understand.

“Ideally, a sensible conversation should take place between neighbours but this is often not successful or even possible as the house owner may not even live in the house where the tree is situated.

“I’ve been trying to get an enormous tree cut back in the front garden of a house in Valley Road for six years now but the houseowner doesn’t live there and won’t respond to letters, either from myself or the council.

“The council may now have to force the issue and get the tree cut back and charge the home-owner.”

A further problem is the cost involved in either getting legal advice or paying £400 to try to use the Anti-Social Behaviour Act.

Councillor Atkinson added: “Something needs to be done. Tree issues crop up on a regular basis and residents are often left incredibly frustrated and perplexed.”