Frequently asked questions

The following information provides details to questions frequently asked about trees. Please use the menu above to navigate the information.

Trees and your property

My neighbour's trees encroach over my boundary, can I cut them back?

Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour's permission. Notifying your neighbour of your intentions is always advisable. However, you must not cross the boundary to do so, e.g. leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour's garden, but first ask your neighbour if they wish to have the material returned to them. If they do not want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or because it is located within a Conservation Area, the Common Law right is removed and you will need to seek formal permission from the Council before undertaking work to living parts of the tree.

My neighbour's trees are blocking my light, what can I do?

Technically your neighbour only has a duty to ensure their trees are safe. There is currently no height restriction on trees. If you have concerns regarding a tree ask your neighbour how they intend to maintain it: you may be able to cut the overhanging branches back to the boundary. However, before either you or your neighbour undertakes works to any trees it is important to check the trees are not covered by a Tree Preservation Order, or located within a Conservation Area.

My neighbours have a high hedge, what can I do about it?

The high hedges legislation applies to evergreen and semi-evergreen hedges over 2m high. The legislation provides for those who feel that a neighbour's hedge is hindering the reasonable enjoyment of their property to submit a formal complaint (with a fee) to the Council. The Council will then investigate the matter and may, if considered appropriate, serve a notice on the hedge owner requiring them to reduce the hedge in height. For further information see the "High hedges: complaining to the council" leaflet.

In most cases, it is possible for neighbours to agree upon a course of action between them without a formal complaint being necessary.  This is certainly the preferable approach for all concerned. If you are unable to reach agreement with your neighbours, try contacting Woking Community Mediation Service.

I have a big tree near my property, I am worried about the damage the roots may be doing to my house, what should I do?

Tree roots may potentially cause damage to built structures in two ways:

  • Direct damage - This is when the physical expansion of tree roots lifts paving stones, cracks walls, etc. Due to the weight of a house no amount of physical expansion will affect it - but garden walls and small structures such as garages or outbuildings may be at risk.
  • Indirect damage - Large built structures including houses which are sited on clay soils can be affected by a tree's removal of moisture. Clay soil shrinks as water is extracted from it and this can lead to subsidence. If a building has been built on clay soil near an existing tree, and that tree is then removed, the soil may expand which can cause heave. The risk of such damage may be greater with older properties. Modern building standards mean that the risk to newer buildings is less.

Tree-related subsidence is usually seasonal, with cracks appearing in the summer months as the tree uses the water, and then closing in the winter months as rain wets the soil. Woking has a low incidence of clay soil and the risk of tree related subsidence/heave is low. However, direct damage to shallow footed structures may occur whatever the soil type.

The tree roots are blocking my drains, what can I do?

It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree. However replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring.

A tree is lifting paving slabs/affecting my drive - can I cut the roots of a protected tree?

Cutting the roots of any tree is generally ill-advised as it may affect the tree's health and stability. If a tree is covered by a Tree Preservation Order, or if it stands in a Conservation Area, an application will be required before root pruning can take place.

The forms can be completed online. Alternatively use the link below to download the form:

Form nos. Application form
31 Works to Trees Subject to a Tree Preservation Order (TPO) and/or notification of Proposed Works to Trees in Conservation Areas (CA) Advice

Are there any controls on the type of tree I can plant in my garden?

There are no controls on the type of tree that can be planted in your garden. However, a number of points are worth considering.

  • How much space is available? It is always best to ensure the space is sufficient to accommodate the tree.
  • Are there any overhead wires or obstructions?
  • In what position is the tree in comparison to the property? A new tree to the south or west may block afternoon or evening sun, while a tree to the north will not restrict direct light from entering the building.

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Caring for your trees

My tree needs to be pruned, what should I do?

In many cases the best form of tree management is not to prune at all. Pruning disrupts the natural state of the tree and also creates opportunities for decay fungi to enter the tree. If you feel you must prune your tree it is best to mimic nature. Crown reduction (i.e. making a tree smaller in size by overall pruning) is generally a bad form of tree management, as it is very unnatural for the tree and often stimulates vigorous regrowth. If you feel you must prune your tree then decide what you want to achieve first and only carry out work that will do this. Such work should normally take the form of:

  • Crown lifting - The removal of branches from ground level to a specified height, usually expressed in meters and ultimately producing a clear stem. It is important that no branches bigger than 1/3 the size of the associated tree stem are removed, as such wounds can create a weakness on the tree.
  • Crown thinning - This is the thinning of the overall canopy of the tree usually by no more than 20%. The tree will remain the same size but the canopy will be thinner, allowing more light to penetrate. Such work is unlikely to stimulate vigorous regrowth.
  • Deadwooding - Removing the deadwood from a tree is beneficial.

Before undertaking any work it is necessary to check whether the tree is covered by a Tree Preservation Order or stands in a Conservation Area. This information is available on our website.

When should I prune my trees?

Ideally trees should be pruned when dormant (November to February). However, certain species should be pruned in the summer, for example Cherry. Avoid the period when the tree is coming out of the dormant period. Incorrect pruning during late March, April and May can induce 'bleeding' where the rising sap weeps from the tree. This can severely stress the tree, disrupting its natural balance at a very important time. If you have concerns about the work you intend to do consult a professional tree surgeon.

It is also important not to disturb nesting birds or roosting/hibernating bats. If you have any queries concerning wildlife contact our Countryside Officer.

Can you recommend a tree surgeon or tree consultant?

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service.

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.

Does ivy damage trees?

Ivy uses trees for support but does not feed on the tree. Generally ,healthy trees will not allow ivy to become fully established. However, as trees age their crowns may begin to allow more light to penetrate. In such situations the extra light can stimulate growth in the ivy at the expense of the tree which subsequently declines.

Ivy tends to establish itself in deciduous trees. These trees lose their leaves in winter, to lower their wind resistance. Because ivy is evergreen, it raises the wind resistance and increases its weight which means that the tree is more likely to suffer damage in stormy conditions.

In addition, the presence of ivy can hinder tree inspections and may conceal serious defects in a tree. To remove ivy from the tree you will need to cut away a section about an inch in length further down to isolate the growth towards the top of the tree. This will then die back and fall away or can be pulled from the tree.

How can I tell if my tree is safe?

Such assessments are best made by qualified experts.

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service. 

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.

My tree doesn't look very healthy. Where can I seek advice?

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service.

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.  

My tree has a fungus growing on it, does this make the tree unsafe?

There are many types of fungi that affect wood. They are often indicative of a wider problem and are a valuable tool in diagnosing what may be wrong with your tree. They are also an invaluable habitat for rare insects and beetles and should not be removed from the tree. Removing fungal fruiting bodies from trees will not get rid of the fungus since it is usually by this stage well established within the tree. If you find fungi growing on your tree call an expert to help identify the potential problem.

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service.

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.  

What can I do about grey squirrels in my tree?

If you require information on control of grey squirrels, contact a local pest control firm. You can find details in the Yellow Pages.

Will the Council assist in taking away leaves or wood?

The Council provides a free fortnightly kerbside collection service for the collection of recyclable material, including green garden waste.

There are also facilities for the disposal of garden refuse at Martyrs Lane and Slyfield Community Recycling Centres .

My tree drops a sticky substance, what can I do about it?

Certain species of trees are susceptible to aphids that feed on the sap through veins on the leaves. Because the sap has a very low nutritional content the aphids must feed on a very high volume and they discharge the excess as a sticky sugar solution while they are feeding. There is very little that can be done to resolve the problem. Spraying is often not practicable. Fortunately, the sugar solution is only a mild one and should not affect paintwork on cars, if the car is washed at regular intervals. Regular washing will also help to prevent a growth of sooty mould on the sugar solution deposits which can develop over time.

Where can I find out more about Woking's trees?

Woking - Tree Heritage Rambles by Martin Humphrey (1990) (ISBN 0 9509105 7 0) is a small book identifying some of the most interesting trees within the Borough. The book is available for purchase at Woking Library.

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Protected Trees

On 1 October 2008 the new TPO regulations came into force. These introduce a standard application form for work to protected trees and a fast track appeals system. 

What is a Tree Preservation Order?

A Tree Preservation Order (TPO) is a special form of control that applies to certain trees. TPOs are used to protect trees that are particularly attractive and contribute to the appearance of an area. It is illegal to cut down, prune, or otherwise damage a tree protected by a TPO without the Council's consent. The unauthorised lopping or felling of a tree is a serious criminal offence and can result in a fine of up to £20,000. TPOs are made by the Council when trees are under threat of being cut down or damaged.

What is an Area TPO?

An Area (or 'blanket') Tree Preservation Order protects the trees located within an area defined on a map.

It is no longer the Council's general practice to create new Area TPOs as they are, by their nature, indiscrimate in the protection they afford to trees and often include trees which are not of very high amenity value. However, there are many Area Orders in the Borough which were made over the last thirty years or more. An Area TPO applies to all the trees that were in existence at the time the TPO was made, so it is often necessary to establish the age of a tree to know whether or not it is protected by an Area TPO.

What is a Conservation Area?

A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve. Trees often make an important contribution to the appearance of Conservation Areas, and so are given special protection. Permission is required for the pruning or felling of any tree within a Conservation Area greater than 7.5cm in diameter (as measured at 1.5m above ground level). The penalties for unauthorised felling or lopping of trees in Conservation Areas are the same as for trees protected by TPO.

What types of tree are protected?

Any species of tree, including fruit trees, can be protected by a Tree Preservation Order. If a tree is healthy and stable, visible from a public place and potentially under threat it is a candidate for a TPO, regardless of species. The Council's criteria for selecting trees for inclusion in a TPO can be viewed here. Trees within a Conservation Area are also protected.

Are fruit trees protected?

Tree Preservation Orders made prior to August 1999 cannot include fruit trees. Since August 1999 (when the Regulations controlling TPOs were changed) fruit trees may be included in TPOs made after that date, but the Council's consent is not required to prune a fruit tree as part of its normal cultivation.

A fruit tree is defined as a tree cultivated for the production of fruit, such as apples, pears, plums and cherries. Whilst a number of trees produce 'fruit' that may be eaten (such as walnuts, sweet chestnuts and mulberries), they are rarely cultivated specifically for the production of fruit and would be protected by a TPO. Ornamental crab apple trees, cherry and pear trees are also included.

Trees protected by Planning Condition

The Council, when granting Planning permission for development, may require existing trees to be retained as a condition of the Planning permission, even if they are not protected by Preservation Order or Conservation Area. If a tree is located in the grounds of a property that was built or extended within the last five years, it may be protected by Planning Condition. Please refer to our website if you are unsure whether a Planning Condition applies to the trees in your garden.

How do I find out which trees are protected by a Tree Preservation Order or Conservation Area?

Find out if the trees at a property are protected by Conservation Area or TPO using Your Local Services.

How can I get a tree protected by a Tree Preservation Order?

The Council will only make a Tree Preservation Order if it can be demonstrated that the tree is under threat. If this is the case and the tree looks healthy and stable, is visible from a public place and its removal would significantly harm the appearance of the area, please contact us. Our Tree Officer will look at the tree to see if it qualifies for protection by TPO and advise you accordingly.

You will need to fill in an application form. However, if you wish to undertake felling or crown reduction it may be advisable to discuss your proposals with us prior to submitting the application. We may be able to advise you on alternative works that will solve the problem, but that will not conflict with our policies on tree protection. It usually takes six weeks from the receipt of your application until a decision is made.

The forms can be completed online. Alternatively use the link below to download the form:

Form nos. Application form
31 Works to Trees Subject to a Tree Preservation Order (TPO) and/or notification of Proposed Works to Trees in Conservation Areas (CA) Advice

Can I appeal against the Council's decision if my application to carry out work is refused?

Appeals are dealt with independently by The Planning Inspectorate.

Is there a charge for making an application?

There is no charge for making a Tree Preservation Order or Conservation Area Application.

Will the Council pay for my protected tree to be pruned?

The Council will not pay for works to protected trees. All landowners are responsible for ensuring their trees are safe and any pruning work required will be at the landowner's expense.

Am I able to claim compensation from the Council if a protected tree causes damage?

All landowners are responsible for ensuring their trees are safe regardless of whether they are covered by a Tree Preservation Order or not. Healthy trees do sometimes fall down and it is worth checking your household insurance and/or having an independent report done on the risk they might present to property. Such a report can be compiled by an Arboricultural Consultant. Details of tree consultants operating throughout the UK are available from the Arboricultural Association.

If permission is refused to remove a tree causing damage to drives, walls, etc. you may only claim compensation for the damage that occurs in the 12 months following refusal. You will need to have the problem fixed and then bring a claim within 12 months. We will treat each claim for compensation on its own merits.

Will the Council accept responsibility for my tree if I am not allowed to cut it down and then it causes damage to my neighbour's property?

Although damage from subsidence and heave or to drains is very unlikely, property can be at risk if a tree becomes diseased or is damaged in bad weather. If the Council refuses permission to fell a protected tree, it has been assessed and deemed safe at the time of application. However, trees do change over time and they are the responsibility of the landowner regardless of any Tree Preservation Order. If you are worried about the condition of your tree and feel it poses a risk contact a tree consultant who will advise you on what you can remove from the tree in order to make it safe.

I think my tree is dead. Can I remove it?

Any protected tree that is dead, dying or dangerous can be removed without the need to submit an application. However, the onus of proof rests with you. If you plan to remove such a tree it is advisable to provide us with five days notice. We will then make a site visit to check that the tree is dead, dying or dangerous and if this is the case, it can be removed. There is a legal duty to plant a replacement tree under these circumstances.

What is a felling licence, and when do I need to apply for one?

The Forestry Commission controls the quantity of timber that can be felled at any time, by issuing felling licences. Trees in private gardens are exempt from this control.

Can protected trees be felled to enable development to take place?

If an application is received to develop on land affected by a Tree Preservation Order or Conservation Area the impact on the trees will be part of a whole assessment of the proposal. We will take into account details such as the proximity of the proposed buildings, the health and stability of the trees, their contribution to the character of the area and the value in retaining them.

If a site is not the subject of a Tree Preservation Order and a development looks likely to threaten healthy, stable and visually significant trees, the Council may consider creating a Tree Preservation Order in order to safeguard the trees.

What do I do if I think someone has damaged or felled a protected tree?

Contact us. We can check to see if they are acting on permission, or undertaking work to material that is dead, dying or dangerous. If we have no record of work taking place, and the trees appear to be protected we will inspect them within 24 hours of the initial enquiry, and often much sooner.

On 1 October 2008 the new TPO regulations came into force. These introduce a standard application form for work to protected trees and a fast track appeals system. 

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The review of Tree Preservation Orders in Woking

Why is the Council reviewing its TPOs?

There are over 5,000 properties in the Borough affected by TPOs. Some of these TPOs are now over forty years old and are no-longer protecting the best quality trees. Many of these older TPOs apply a 'blanket' protection to all the trees within a defined area, regardless of their quality. This means it is often necessary for residents to apply to the Council for consent to prune or remove trees that are not of high amenity value. The purpose of this review is to ensure the Borough's TPOs are brought up to date, protecting the very best trees, and lifting restrictions from trees that do not merit special protection.

Is Woking the only Council reviewing its TPOs?

No. All local Councils have been asked by the government to review TPOs to ensure they remain up to date.

Are all the TPOs in the Borough being reviewed?

No. There are over 600 TPOs in the Borough, many of which were made in recent years and are still up to date. Furthermore, the practice of protecting large areas with 'blanket' Orders is now rarely used, and over the last 20 years or so, new TPOs have been restricted to just the very best trees, so these TPOs do not need to be reviewed. However, there are around 200 older, 'blanket' TPOs which will be reviewed.

Who is carrying out the Review of TPOs?

The Council is responsible for reviewing TPOs which will be undertaken by the Borough's arboricultural officers.

What is involved in the Review?

The first step is to survey the area to identify which trees meet the Council's criteria for protection by TPO, and those that do not qualify for protection. When the surveys are complete new TPOs will be created which are selective and apply only to the best trees. The 'blanket' TPO can then be removed ('revoked'). Because TPOs are legally binding, there are a number of steps that have to be taken by the Council in making a new TPO or revoking an old TPO, and residents affected by TPOs that are being reviewed will receive more information on this at the appropriate time. Unfortunately, the legal process requires the Council to write to residents on a number of occasions when reviewing a TPO. However, we will try to minimise the number of times we contact you.

How will this affect the existing TPO on my trees?

The best trees in your garden will continue to be protected by TPO, whilst protection may be lifted from trees that are of poorer quality. In addition, some trees that were too young to be included in the existing TPO when it was made may be recommended for inclusion in a new TPO.

Is it necessary for somebody to enter my garden to inspect my trees?

Yes, in many cases, an arboricultural officer will need to enter your garden to carry out the tree survey. They will carry an identity card issued by the Council. If you have any doubts about the identity of somebody claiming to be employed by the Council, please contact the Council's Tree Officer.

How can I find out more?

Contact the Council's Tree Officer.

On 1 October 2008 the new TPO regulations came into force. These introduce a standard application form for work to protected trees and a fast track appeals system. 

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Storm damage to trees

I have a number of trees that have been damaged by gales. What should I do?

If a tree splits at a weak fork it is likely to cause a large wound. Whilst the tree may remain structurally safe for some years, decay can develop around this area and the tree may become unsafe, ultimately requiring removal. Where large splits have occurred, it may be sensible to remove the damaged tree and replace it altogether with a new tree.

The loss of branches from a tree is not necessarily indicative that the whole tree has become dangerous. Trees will often shed branches as a defence mechanism against being blown over, or losing larger branches. Furthermore, coniferous trees may shed many branches because they have developed with a year round wind resistance.

Broken branches, and those which may be hanging in the tree, should be treated as a priority. Where major branches have been lost further tree surgery works may be required to visually rebalance the tree.

What can I do about clearing storm damaged trees in my garden?

Do not be tempted to use a chainsaw to fell or cut up damaged trees unless you are experienced and have the appropriate protective clothing. Every year approximately 500 people are seriously injured using chainsaws in their gardens. Even cutting up fallen branches with a chainsaw is hazardous and members of the public are advised to use qualified tree surgeons in all cases.

Before employing a tree surgeon you should check that they are insured for both public and employee liability insurance. Details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.

There are trees near my house that are swaying alarmingly in the wind. Are they unsafe?

Swaying is generally normal but after extreme winds you should inspect your trees looking for any signs of storm damage. Coniferous trees tend to move in the wind more than deciduous trees, and it does not necessary mean a tree is going to fall. Do not be tempted to try and fell a tree in high winds as this can be very hazardous.

My tree appears to be leaning. Does this mean it is unsafe?

Trees lean for many reasons, some develop leans as a natural growth response to competition from other trees. If the top portion of a leaning tree sweeps back to the vertical it is unlikely the lean has recently developed. However, if the whole symmetry of the tree is at an unnatural angle the tree may have been moved by gales. If you have any doubt whether a tree has been moved by gales, you should seek specialist advice.

Even if a tree appears not to have moved you may wish to inspect the immediate base of the tree. If there are cracks in the soil radiating away from the base of the trunk, the tree will require a more thorough inspection by a competent arborist.

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service.

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association.

A tree in my garden has been damaged by storms and is now leaning over a road. What should I do?

The responsibility for the safety of trees rests with the owner of the land on which the trees are situated. If you discover a tree which is dangerous immediate action should be undertaken to make it safe (there is an additional responsibility to inform the Council if a damaged tree is protected by a TPO or within a Conservation Area).

Trees that are in poor condition are more likely to be affected by storms, so it is a good idea to have large trees inspected every few years by a qualified arborist.

The Council maintains lists of local tree contractors and consultants as a service to the public and endeavours to include details of those who provide a high quality service. 

Further details of tree contractors and consultants operating throughout the UK are available from the Arboricultural Association. 

My tree is protected by TPO and has been damaged by storm winds. What should I do?

If a tree that is protected by TPO or a Conservation Area suffers storm damage, you may carry out what ever work is necessary to make it safe without delay. The work must be the minimum required to make the tree safe and any additional work will require an application to the Council. You must inform the Council at the first opportunity if you have carried out work on a damaged protected tree, or if a protected tree has been blown down in your garden. You a may be required to replace a protected tree that has been blown down or felled.

It is important to remember it is your responsibility, if challenged, to be able to prove that any work you have carried out on a protected tree was essential to make the tree safe. Therefore, it is a good idea to make a photographic record of storm damage to protected trees prior to felling or removing them.