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.