Trees on Council Land

Common enquiries about trees on Council land

IN THIS ARTICLE

  • What to do if a council owned tree overhangs a property 
  • What to do if a tree on council land is blocking light to a property 

We are responsible for the management of trees within our Parks, Countryside, and Open Spaces, including those on land managed by Colchester Borough Homes.

We are not responsible for the management or maintenance of trees situated within grass verges or pavements that are part of the public highway. If you wish to report an issue with a highway tree, please use the following link: Tell us - Essex County Council. Essex Highways will then process your enquiry accordingly.


Dangerous Trees

If you see a tree within our Parks, Countryside, and Open Spaces that you feel is dangerous, please call us to let us know. We will inspect the tree as a matter of urgency and take the necessary action to remove the danger.

Contact details:

  • Office hours (9am to 5pm, Monday to Friday): 01206 282266

  • Out of hours (emergency contact): 01206 282222


Storm Damage

When storms or high winds occur, we tend to receive a high number of reports of damaged trees that may be dangerous. We will assess the level of urgency of each reported problem and will deal with them as quickly as possible in order of priority.


Priority System for Remedial Tree Work

Colchester City Council implements a policy for pruning and felling trees based on the Council's legal obligations as a landowner and the financial resources available. There is a presumption against the removal of healthy trees. We do not generally fell trees unless they are diseased, decayed, dying, dead, or present a significant health and safety risk to the public or property.

When remedial work on a tree is identified as necessary, either as part of the Tree Hazard Risk Assessment or following an enquiry, it is added to a programme of Arboricultural works. Each job is categorised based on:

  • Urgency of the situation

  • Degree of inconvenience caused

  • Best time of year for the work to be undertaken

The priority of work depends on the severity of the problem and the action needed.

We receive many enquiries about trees, and the following information may answer your questions. If you still need to contact the tree team, please telephone us at the numbers provided above.


I Have Reported a Problem; How Soon Will My Enquiry Be Investigated?

Unless there is a genuine emergency (which will receive an immediate response), your tree enquiry will normally be processed within 10 working days.

Telephone calls, correspondence, and emails will be responded to in accordance with the Council's Customer Care Policy.

Once your enquiry has been logged, you will receive an automatic email confirmation with a reference number. As soon as your enquiry has been investigated, you will receive an email update with the outcome.


A Tree on Council Land is Causing Damage to My Property

Trees can grow close to buildings without causing problems. However, certain factors may increase the risk of property damage, including:

  • Tree species

  • Soil type

  • Foundation depth

  • Weather conditions

We will cut trees back from properties where they touch windows, walls, roofs, or gutters to prevent damage to property such as aerials, tiles, or gutters.

Root damage cases will be considered individually. A balance will be struck between the nuisance experienced and the benefits offered by the tree to the wider community.

If you believe a Colchester City Council tree is causing subsidence damage, please contact your insurers for further advice. We will require evidence before agreeing to prune or fell a tree.

We do not normally act in response to complaints about Council trees damaging drains. Trees do not break into sound drains, but they will exploit existing faults. Removing a tree will not prevent other vegetation from exploiting the same opportunity. The appropriate solution is to ensure drains are watertight.


A Council-Owned Tree Overhangs My Property

The Council has no legal obligation to prune overhanging trees unless they:

  • Are causing direct damage to an adjacent property.

  • Are dangerous.

As an adjacent landowner, you are entitled to prune encroaching tree branches or roots back to your boundary. However, we do not recommend that residents undertake this work themselves unless they are competent to do so. Instead, you may employ a professional tree surgeon.

Legal Requirements:

  • You must offer the pruned branches back to the Council, but we are not obliged to accept them.

  • If you require access to Council land to undertake work, you must seek permission.

  • All contractors working on Council land must be qualified, insured, and provide risk assessments and method statements before access is permitted.


A Tree on Council Land is Blocking Light to My Property

A common complaint about urban trees is that they block light from properties or shade gardens. However, this issue is variable, and tree removal may have little effect on sunlight levels. For example, if a house is north-facing, removing a small or distant tree will not significantly improve sunlight exposure.

There is no legal right to light, and we are not obliged to take action in these cases.


A Tree on Council Land is Interfering with My TV or Radio Reception

Interference is worse in windy and rainy weather and is more common with satellite reception than traditional TV signals. There is no right to good reception, and in most cases, an engineering solution (such as repositioning an aerial) can resolve the issue.

We will only consider pruning trees for reception issues if all of the following conditions apply:

  • Engineering solutions have been attempted but failed.

  • The required work is consistent with good arboricultural practice and will not harm the tree.

  • The work can be carried out within the available financial resources.


A Tree on Council Land is Creating a Nuisance

We will not fell or prune trees due to seasonal or natural phenomena, including:

  • Falling leaves, sap, fruit, nuts, bird droppings, or blossom.

  • Reduction or increase of moisture in gardens.

  • Suckers or germinating seedlings in gardens.

  • Leaves blocking gutters, drains, or flat roofs.

  • The build-up of algae on fences, paths, or structures.

These are considered normal routine maintenance tasks for property owners. Honeydew (sap) is not controllable by pruning, and cleaning affected surfaces is also regarded as routine maintenance.