What is the situation if I believe my Tree Preservation Ordered tree to be dead, dying or dangerous ?
In law you do not need the council’s permission to cut down a tree which is dead, dying or dangerous. However determining whether a tree falls into one of these categories is far from straightforward. For example a branch dropping from a tree is not in itself evidence that a tree is dangerous, although it may be an indicator of an underlying problem. In such cases you should take advice from a qualified person (see Obtaining professional help). Anyone proposing to fell a tree under this exemption is strongly advised to give the Local Planning Authority five days notice before carrying out the work, except in an absolute emergency. If work is carried out under this exemption, the burden of proof falls upon the owner of the tree to demonstrate that the tree was dead, dying or dangerous and, if the matter went to law, to prove this in court. Such proof may take the form of photographs, written statements by a professional person, retained sections of timber or dead branchwood. It is impor
