The Law of Trees, Forests and Hedges

About this book

The Law of Trees, Forests and Hedges is the only comprehensive work on this complex area of law – an uncoordinated mix of private and public law, common law and statute – as it applies throughout the United Kingdom. It explains the general law on trees, outlines the law relating to commercial forestry, and discusses the protections for important trees and hedgerows, ancient woodlands and historic landscapes.

- Written in a clear style, accessible both to lawyers and non-lawyers
- Provides sample conditions for use with planning permissions and tree preservation orders respectively
- Contains a table of penalties for criminal offences
- This new edition is fully updated to deal with all relevant developments in legislation, case law and policy
- There have been over 75 relevant new court cases, including decisions on encroaching tree roots, responsibility for the safety of trees, and the controversial programme of felling street trees in Sheffield
- The law on the protection of trees in England has been greatly simplified by the 2012 Regulations, and new online guidance; and there have been judicial decisions involving unauthorised works to protected trees, and as to the meaning of "tree"
- The legislation on trees in churchyards has evolved
- The administration of forestry has changed significantly, with the setting up of the Natural Resources Body for Wales (NRW) and Scottish Forestry

Contents

PART 1. INTRODUCTION
1. Introduction

PART 2. TREES AND HEDGES: THE GENERAL LAW
2. Ownership of trees: general principles
3. Ownership of boundary trees and hedges
4. Boundary trees: liability
5. Problems with boundary trees: remedies
6. Boundary hedges
7. Liability for trees: legal principles
8. Hazardous trees: the duty of care in practice
9. Dangerous trees: the consequences
10. Trees and highways
11. Trees and statutory undertakers
12. Other forms of liability for trees
13. Carrying out works to trees and hedges
14. Planting trees and hedges

PART 3. COMMERCIAL FORESTRY
15. Forestry
16. Financial considerations
17. Felling licences
18. Felling directions
19. Environmental impact of forestry

PART 4. PROTECTION FOR TREES AND WOODLANDS OF SPECIAL VALUE
20. Trees and woodlands of special value
21. Making a tree preservation order
22. Works to protected trees: the need for consent
23. Tree consent: applications and appeals
24. Compensation for adverse decisions
25. Requirement to plant replacement trees
26. Unauthorised works to protected trees
27. Trees in conservation areas
28. Trees in churchyards

PART 5. HEDGEROWS
29. Inclosure Act hedgerows
30. Protection of important hedgerows

PART 6. TREES AND WOODLANDS BEYOND ENGLAND AND WALES
31. Trees and the law in Scotland
32. Trees and the law elsewhere in the British Isles

APPENDICES
A.  Sample conditions for use with planning permissions
B.  Sample conditions for use with consents under tree preservation orders
C.  Penalties for criminal offences

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