Trees

Tree ownership

Many trees grow on the edge of the highway and mark its boundary with private property. It is the responsibility of the adjacent landowner or occupier to properly maintain them.

Not all trees in public areas are highway trees and many of these will be managed and maintained by the local district/borough council.

Highway trees

Highway trees usually have their roots planted in verge areas between sections of pavement or are planted alongside road and pavements within the public highway. Their trunks are normally a clear distance away from private property. 

Staffordshire County Council recognises the importance of our tree resource and identifies standards for its management. This will ensure the long-term conservation of trees for the people of Staffordshire and future generations. Our approach provides a framework to establish a healthy, balanced, and sustainable tree population capable of withstanding predicted climatic changes and the impact of diseases. It also enables us to ensure we reduce the risk to the public from potentially hazardous trees. 

We have a robust tree risk management regime in place, which will ensure that high usage areas such as highways and footpaths are “zoned” and prioritised for inspections at least every five years. In addition, trees outside of priority areas are also inspected in accordance with property maintenance inspection regimes.  

Our resource for highway tree maintenance is limited and our priority is to address issues with trees which are dead, diseased or dying. Any other type of highway tree maintenance is subject to resource availability and, in the event that ad hoc maintenance works are raised, these will be given a category of priority in accordance with our routine and reactive inspection regime. 

Nuisance issues relating to trees 

Common complaints about trees include blocked light, interference with TV signals, and leaf litter. An individual’s tolerance of these complaints is a subjective and personal matter and there are a variety of other potential nuisances associated with trees, most of which are minor or seasonal. We will not automatically fell or prune Council owned trees solely for the reason that they are causing inconvenience. 

It is your common law right to cut back any branches that are overhanging and interfering with your property, as long as your actions don’t affect the health of the tree as a whole. You should check with your local district/borough council before carrying out any work, in case the tree is covered by a tree preservation order or is in a conservation area. 

Trees growing into wires 

If you are concerned about a tree growing into a utility wire please contact the relevant utility company, namely BT or Western Power. If the tree is damaging infrastructure they will take steps to prevent further damage. 

Droppings and other tree related detritus on cars/drives/property 

Trees provide habitat for a variety of species including birds and insects. A common complaint about trees is that they drop sap onto property. However, often this substance is not actually sap but in fact a dilute sugar solution produced and excreted by aphids known as honeydew. This sugary waste can accumulate on surfaces under the tree’s canopy and can then become colonised by sooty moulds which grow on the sugar-rich waste. In addition, seasonal change affects trees and with it they shed petals, leaves, seeds, twigs and fruit. These are often carried freely in the wind and are largely outside the Council’s control. Although detritus associated with trees can be an inconvenience, it is not recognised as a legal nuisance and does not justify the removal or pruning of a highway tree.

Tree roots damaging property  

If you suspect that the roots of a Council owned tree are causing damage to your property, such as the foundations or private drainage, you are at liberty to submit a formal insurance claim to the Council’s insurance section using this claim form Make a claim - Staffordshire County Council. Your completed claim will be checked by our in-house claims team and once all details are received, our reports will be forwarded to our appointed insurance claims handler who will write to you directly upon receipt of the claim. You should expect to receive a decision from our appointed insurance claim handler regarding any liability within three months of the insurer’s acknowledgement letter. 

Tree preservation orders (TPOs)

Some highway trees are protected by a Tree Preservation Order which is an order made by local planning authorities in England to protect specific trees, groups of trees or woodlands in the interests of amenity. A Tree Preservation Order prohibits the following without the local planning authority's written consent:

• cutting down
• topping
• lopping
• uprooting
• wilful damage
• wilful destruction

If consent is given, it can be subject to conditions which have to be followed.

In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent.

In Staffordshire, the district/borough councils are responsible for making Tree Preservation Orders on trees/groups of trees, including public highway trees, and as such they hold records of which trees are protected in this way.

More information

• Common issues with trees
• Trees on private land