Tree maintenance

Trees present on council or private land

Tree owners have a duty of care, under Common law, and the Occupiers' Liability Acts. To take reasonable steps to manage tree stock, and to limit trees from causing foreseeable injury or property damage.

There is, however, no legal requirement for owners to carry out regular maintenance.

Queries involving Council owned trees

Natural assets are subject to constant change, especially in the contexts of climate. The Council will prioritise works of significance in relation to risk categorisation. But will seek to proactively manage land and trees when possible, or reasonably practicable.

Council works are scheduled throughout the year, which will review, appropriately, other legal or environmental frameworks, to ensure a healthy and diverse landscape.

West Oxfordshire District Council (WODC) is responsible for a significant number of trees across West Oxfordshire and has set out guidelines to which it will respond:

WODC Tree Management Policy - pdf - 653 Kb

Unless otherwise specified in the Councils Tree management policy; Damages and or nuisances that are suspected to be caused by council owned trees, should be notified as soon as possible, to limit and or mitigate any reasonable concerns.

To make a general enquiry, please ensure, to clearly specify the reason for contacting us. That the approximate location or address, is provided with photographs and any further information to the suspected issue or concern.

Not every query will relate to the Councils (WODC) responsibility. Please check, if necessary, that the relevant organisation or department has been contacted and or the local Parrish, Town Council or Highways Authority.

Make a tree enquiry

The Council will respond to queries appropriately, and if applicable, any commuted sums or compensation, regarding tree(s), that have either been damaged or removed. Will be calculated using the Capital Asset Valuation of Amenity Trees formula (CAVAT).

Dead or dangerous trees on Council land, must be reported to the Council’s tree officer, as soon as reasonably possible - trees@westoxon.gov.uk

For out of hours contact - Contact us - West Oxfordshire District Council

Report an issue - Grass cutting and maintenance - West Oxfordshire District Council

Residents have a legal right to trim overhanging branches or encroaching roots originating from a neighbour’s tree or hedge. This being that you do not trespass, cause, or facilitate undue damage, that may result in the failure or decline of the relating trees.

You can only trim or prune vegetation back to your property’s boundary line. Unless an agreement has been made, with the relating persons.

This may need to be notified if within a Conservation area or a Tree Preservation Order (TPO) is present.

Protected trees – West Oxfordshire District Council

If you suspect tree works have been carried out without notice or approval

The Council will review information provided and will respond accordingly. Not every enquiry is enforceable and will be determined by the degree of the suspected breach.

Report a breach of planning regulations - West Oxfordshire District Council

Off cuttings of council owned trees or vegetation in line with Common Law, may be offered back to the council in writing. If the council or a neighbour refuse to accept said materials, the individual or parties that issued the works, are responsible for their proper disposal.

If waste is disposed on council land without proper authorisation, this will constitute as fly tipping.

Report fly-tipping - West Oxfordshire District Council

Unless there is significant cause for concern and or in relation to the Anti-social Behaviour Act 2003. The Council is not responsible for privately owned trees and will not respond to queries that are a direct request to resolve neighbourly disputes; this is a civil matter.

Ownership of land can be viewed on the HM Land Registry

High hedges - West Oxfordshire District Council

Information for reporting pest/disease and felling licenses: Forestry Commission - GOV.UK

Tree enquiries near to Highways: Roadside trees, hedges and ditches | Oxfordshire County Council

Other legal constraints should be considered in relation to trees and environments.

Ancient tree Inventory: The Woodland Trust

Natural England: Natural England - GOV.UK

Environment Agency: Environment Agency - GOV.UK

Cotswold National Landscape: Our board - Cotswolds National Landscape