Tree inspection process

• tackling the issue may involve co-ordination with other agencies such as the police and may take time to resolve.
• The public is not allowed to remove limbs or fell trees from the parks and open spaces. On some sites it may be a By-Law offence which carries financial penalties.
• The borough works in partnership with several voluntary groups which carry out planned works across the borough.
• Customers should contact the Customer Service line on Tel: 01737 276 000 to report areas that they have concerns over.

Bird droppings

We will not prune or fell a tree to remove or reduce bird droppings from trees or remove bird droppings from private land.

• Nesting birds are protected under the Wildlife and Countryside Act (2000) and other wildlife related laws.
• Bird droppings can usually be removed with warm soapy water.
• Whilst a nuisance, bird droppings are not considered a sufficient reason to prune or remove a tree.

Common law right (overhanging limbs)

We do not prune back over hanging limbs.

• While we will respond to every issue raised, some of the issues are considered non-actionable works, such as overhanging limbs.
• The tree(s) will be inspected during the routine inspection cycle and assessed against available resources and arboricultural justification.
• A tree owner is not legally obliged to cut back overhanging branches, but the person whose property is overhung can cut back to the boundary but not beyond it from their land, subject to Conservation Areas and TPOs.
• If a borough owned tree canopy growth is touching a property it will be assessed by the Tree and Woodlands Officer and if deemed significant will be added to the works programme to cut back 2m from the property. As these works generally require a Mobile Elevated Works Platform to be hired, these works will need to be clumped together to ensure best value from the hire, so we cannot offer a timeframe for resolution.

Dangerous tree requiring immediate action

If a borough owned tree is found to be in such poor condition by an arboricultural inspector that it presents a very high risk to persons or property and the inspecting officer deems it an emergency, instruction will be given to the arboricultural contractor to attend site and make the tree safe.

• If a tree is obstructing the highway and the customer is unsure as to its ownership, Surrey County Highways should be contacted on 0300 200 1003 to report the matter; depending on the time of the call, either the Contact Centre (9am - 5pm) or the emergency team (out of hours) will respond. Reports may also be submitted online via: Report problem (Surrey County Council)
• If the customer knows that the tree is owned by Reigate & Banstead Borough Council, they should contact Customer services on 01737 276 000 in office hours. Out of hours tel: 01512 212 938.
• If the customer knows that the tree is owned by Raven Housing Trust, the Trust can be contacted on tel: 0300 123 3399 or email raven@ravenht.org.uk

Ivy

Where possible ivy will be retained due to its wildlife benefits.

• Common ivy is a native evergreen climber that has many wildlife conservation benefits such as shelter for a wide range of birds and in some instances bats.
• Common ivy is phototropic meaning its aerial roots only use trees and other structures for support to grow towards the light; ivy is not a parasitic plant and as such there is no strong scientific evidence that ivy kills healthy trees.
• Ivy tends to be more noticeable when trees are in decline due to other factors, such as a fungal pathogen attack. When a tree is in decline it is stressed and has a reduced leaf density, so ivy can be more noticeable.
• when ivy is present in large quantities, it can increase the ‘sail’ area of the crown, affecting the structure and wind loading capacity, leading to branch failure and in extreme conditions could result in the total collapse of the tree. However, tree species has a part to play in the likelihood of limb failure, as some species are more prone to failure than others, such as horse chestnut or poplar.

Leaves, blossom and small tree debris

We will not prune or fell trees to reduce the nuisance of leaves, blossom drop or small tree debris.

• A tree owner is not legally required to clear their trees leaves from neighbouring land and has no control over wind direction or strength.
• The loss of leaves, blossom and small tree debris is part of the natural cycle and cannot be avoided by pruning.
• Although they can cause a lot of inconvenience, falling leaves and debris such as cones or twigs are not regarded as a ‘nuisance’ in the legal sense and a tree owner (private, borough or otherwise) has no obligation to clear them. Nature does not respect human defined boundaries and leaf fall is a seasonal occurrence over which a tree owner has no control.
• Leaves, flowers or fruits covering a neighbour’s lawn or filling their gutters may be a nuisance but clearing them from their property is part of general maintenance, the same as, for example, removing moss from the gutters.
• Severe inappropriate pruning work is more likely to encourage further leaf growth as the tree tries to replace its loss of leaf area that is used to produce its food / energy.
• Customers are strongly advised to check for Tree Preservation Orders (TPOs) and conservation areas before carrying out any works.

Light

We will not prune or fell trees to improve natural light to neighbouring properties.

• There is no absolute right to light in respect of trees.
• A tree owner is not legally bound to ensure the light enters neighbouring land uninterrupted.
• If natural light is being blocked by the growth of a hedge, then action may be taken under the High Hedges Act, Part 8 of the Anti-social Behaviour Act 2003. See our high hedges webpage.

Tree perceived as being too big, too tall or unmanaged

We will not prune or fell a tree because it is considered to be too big or too tall or perceived to be unmanaged by the enquirer.

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Tree related subsidence to property

Our proactive approach to tree management assists in reducing the likelihood of subsidence related claims. The subsidence hotspots of the borough have been identified and we will rigorously defend claims to identify bogus or false claims.

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Telephone wires and tree limbs

We will not prune or fell a borough owned tree specifically for the benefit of the reduction in the interference telephone wires.

• If the borough owned tree overhangs your boundary and affects your telephone wire(s) you may wish to exercise your common law right to remove the encroaching limbs. Seek advice in common law right.
• Contact your telephone service provider as they may be able to suggest an alternative solution to prune such as relocating the wire.

TV / satellite reception and trees

We will not prune or fell a borough owned tree for the direct benefit of TV / satellite reception.

• The TV license is a permit to operate a television receiver; it does not guarantee any reception. Therefore, it follows that there is no legal right to reception and furthermore and a tree owner is not legally obliged to maintain a signal to a property.
• The issue may be dealt with by exercising your common law right.
• Your service provider may be able to provide an alternative solution by means of boosting the signal or relocating the receiving equipment.

Vandalism to trees

We will investigate any reports of vandalism to borough own trees and endeavour to correct the damage where possible from current arboricultural practice.

• Unfortunately, vandalism is unpredictable and in some cases be persistent.
• Do to costs it may not always be possible to replace vandalised tree(s)
• The treating of wounds with “tree paint” has proven to be ineffective and we will not carry out such dubious practice. Where possible wounds will either left as is or pruned to just outside the branch collar to facilitate the natural occlusion process of the wound.
• We encourage the reporting of incidence of vandalism and where witnesses are prepared to come forward, we will endeavour to take legal action where possible.

Views obstructed by trees / protection of privacy

We will not prune or fell borough owned trees to improve the view from private properties. Nor are we duty bound to maintain privacy offered by trees situated on borough owned land.

• There is no legal right to a view.
• If the limbs encroach your property you may wish to exercise your common law right – see common law rights in this document.
• A tree owner is not duty bound to maintain the privacy of neighbouring property.
• Residents with concerns about privacy should address the issue on their land.