Dangerous Trees
The Local Government (Miscellaneous Provisions) Act 1976,
Sections 23 & 24, gives Local Authorities discretionary powers
in respect of dangerous trees in private ownership. The relevant
policy guidance states that the use of these powers should be as a
last resort only. The important factors involved are that the
tree(s) should be imminently dangerous, as confirmed by a competent
arboriculturist, requiring urgent action to be taken. The
circumstances relate to having works carried out by or on behalf of
the Local Authority and then re-charging the cost to the landowner
subsequently. Where it is not possible to recoup the costs
immediately, a land charge may be placed on the property so that in
the event of a future sale, the Local Authority will recover any
moneys outstanding.
For these reasons and because generally it is more expensive for
a Local Authority to undertake tree works than for the landowner to
organise this independently, the Act is rarely used, except where
issues of safety are paramount. To report dangerous trees on
private land, our Landscape Officer should be contacted via the
Customer Contact Centre on 01233 331111.
Highway trees, defined as any tree which, if it fell or parts of
it fell, would fall on a public highway, are dealt with by Kent
County Council, using their appointed Highway Tree Inspectors. The
Helpline number to report dangerous highway trees is 0845
8247800.
Dangerous trees on Council-owned land should be reported to our
Tree Officer on 01233 330206.
Dangerous trees that are subject of a Tree Preservation Order or
stand within a Conservation Area are exempt from the normal
requirement to apply for consent prior to removal or other works
needed to make them safe, except that our Landscape Officer must be
given an opportunity to inspect the tree(s) to agree that the works
proposed are essential. The burden of proof of the danger posed by
the tree is on the landower, if a protected tree is removed without
first informing the Local Authority.
This webpage was updated on
7/17/2009