Council owned trees

Excessive shade

We will not remove or prune a council owned tree in order to mitigate shade. However, where shade is so severe that it affects the quality of life, work may be considered if alternative funding can be provided.  

There is no legal requirement for tree owners to remove or prune their trees to improve the amount of natural light that reaches a neighbouring property.  

High hedges causing severe shade

If a privately owned evergreen hedge is in excess of two metres in height, is made up of two or more evergreens and casts dense shade on a neighbouring property, we have statutory powers to require appropriate action by the hedge owner. These powers are provided by Part 8 of the Antisocial Behaviour Act 2003.  

We will not get involved in the first instance and will expect the complainant to have made every effort to contact the hedge owner and attempt to reach agreement on the best way to address their concerns.  

If no such agreement can be reached, you can apply for us to get involved. There is a charge for this service. Please call 0113 222 4409 for more information.  

Trees touching buildings

Where a council owned tree is physically touching a building, we will take action before potential damage is sustained.  

A property owner has a Common Law right to remove an overhanging branch from a neighbour’s tree at the point where it crosses the property boundary. You have no such right to prune any part of a tree outside your property boundary.  

Some trees are legally protected by a Tree Preservation Order (TPO) or because they are located within a Conservation Area. You will require planning permission before undertaking any work on a legally protected tree.  

Obstruction to pavements

We will undertake appropriate work to ensure that council owned trees do not obstruct footpaths or pavements that are part of a highway or street and that a 2.5 metre clearance is maintained over the footpath.  

Where privately owned trees obstruct pavements or footpaths that are part of a highway or street, we will notify the owner and request that they take appropriate action. Following this, if reasonable action is not undertaken, we can legally enforce action.  

Obstruction to highways

We will take appropriate action to ensure that council owned trees do not obstruct a highway or adopted road and that a minimum of 5.2 metre height clearance is maintained.  

Where privately owned trees obstruct a highway or adopted road, we will notify the owner and request that they take appropriate action. Following this, if reasonable action is not undertaken, we can legally enforce action.  

Obstruction to highway sight lines and signs or traffic lights

We will prune or remove council owned trees that obstruct sight lines on highways or adopted roads, or where they obstruct traffic lights or highway information signs.  

Where privately owned trees obstruct sight lines on a highway or adopted road, or where they obstruct traffic lights or highway information signs, we will notify the owner and request that they take appropriate action. Following this, if reasonable action is not undertaken, we can legally enforce action.  

Trees obstructing a view

We will not remove or prune trees in order to improve a view from a property. There is no right in law to a view and the Council has no obligation to improve a view obstructed by a tree.  

Telephone wires caught up in trees

We will not prune or remove a council owned tree to remove or reduce interference with telephone wires.  

Trees, solar panels and television satellites

We will not prune or remove council owned trees to facilitate the installation of solar panels or improve TV reception and satellite signal.  

Trees obstructing street lights

We will undertake work to council owned trees to ensure that statutory street lighting levels are maintained. Where privately owned trees obstruct street lights, we will contact the owner and request that they take appropriate action within specified timescales. Should they not do so, we can legally enforce action.  

Fallen leaves

We will not prune or remove a council owned tree to reduce autumn leaf fall.The clearance of autumn leaves from gardens and gutters is regarded as being part of normal property maintenance and is the property owner or tenant’s responsibility.  

Highways and associated paved areas are cleared of autumn leaf fall by the council, as are paths in parks and green spaces.  

Poisonous fruit

We will not normally prune or remove a council owned tree because it is alleged to bear poisonous fruit. Where evidence can clearly demonstrate that unsupervised children are likely to be exposed to a council owned tree that bares poisonous fruit, appropriate action may be considered.  

Tree pollen

We will not prune or fell a council owned tree to remove or reduce pollen. The influence of tree pollen on hay fever is outweighed by the positive benefits that trees provide in alleviating serious respiratory problems caused by poor air quality.  

Trees and personal medical complaints

We will not normally prune or fell a council owned tree where a request has been made to do so because of a personal medical complaint. We have no legal responsibility to remove a tree under such circumstances.  

Bird droppings

We will not prune or fell a council owned tree in order to remove or reduce bird droppings. Birds naturally roost in trees. While their droppings may be perceived to be a nuisance, this is not considered to be sufficient reason to prune or remove a tree.  

Warm, soapy water will usually be sufficient to remove bird droppings.  

Sap falling on surfaces

We will not prune or fell a council owned tree in order to alleviate honeydew or other sticky residue falling from trees. Honeydew occurs when aphids feed on leaves and excrete a sugary sap and this is a natural, seasonal event. If honeydew is colonised by moulds, it becomes duller and may turn black.  

Some trees, such as limes or sycamore, are more prone to aphid infestation than others. Where new trees are to be planted, species choice will be carefully considered to try and reduce this problem in the future.  

Fallen fruit

We will not normally prune or fell a council owned tree to prevent fruit falling on to surfaces. The production of fruit, berries, nuts and other tree seed is a natural event, typically occurring in late summer and autumn.  

Wild animals and insects

We will not prune or fell a council owned tree to remove or reduce alleged problems caused by wild animals or insects. Trees provide a natural habitat for a wide range of animals, birds and insects. We have no control over this. We provide a pest control service that specialises in the control of pest species. There is a charge for this service.  

Tree blossom

We will not prune or fell a council owned tree to remove or reduce fallen blossom. Tree blossom is a natural event, usually heralding the arrival of spring or early summer. Highways, streets and paths are cleared of fallen blossom as necessary.  

Trees alleged to be causing building subsidence

Where evidence is provided that confirms that a council owned tree is implicated in building subsidence, we will take appropriate action. You should contact your home buildings insurers as soon as possible.  

Trees causing trip hazards

We will undertake appropriate action to ensure that there are no unreasonable trip hazards associated with trees in streets, along highways or paths.  

Tree roots are the usual cause of trip hazards. Rather than remove a tree, the best course of action is often to resurface a path using a more flexible surface material.  

Trees relating to building and construction

Where the necessary planning permission has been granted, we may consider pruning or removing a Council owned tree if alternative funding is provided and any removed tree is replanted on a three for one basis.  

Removal of trees to allow the installation of a dropped kerb

We will not normally undertake or allow the pruning or felling of a council owned tree to facilitate the installation of a dropped kerb.  

Removal or pruning of trees to facilitate demolition or construction

We will not automatically permit the pruning or felling of a council owned tree to allow building works to proceed. Building design, demolition or construction is normally subject to strict planning regulations. Due regard to trees that might be affected by such work, has to be carefully considered before planning consent is given.  

Planting trees in Housing Leeds gardens

We will consider requests from Housing Leeds tenants who wish to plant trees or shrubs in their gardens, provided appropriate species and planting locations are chosen.  

Responsibility for trees in the garden of a former Housing Leeds property

Trees standing within the footprint of a former council property that has passed into private ownership, are the responsibility of the owner.  

The maintenance of trees in Housing Leeds gardens

We will undertake work to trees that is in line with stated priorities. Tenants are expected to maintain their gardens in an appropriate manner. This includes maintenance of all shrubs and greenery, including the removal of young self set trees before they mature and create problems.  

Cyclical maintenance

Dense growth around the base of highway verge trees is removed to prevent it from obscuring sight lines. This is done once every two years.  

Tree planting and replacement

We remain committed to increasing the city’s tree amount. New trees are planted in appropriate locations when funding opportunities are made available.  

Trees alleged to be too big or too small

We will not normally prune or fell a council owned tree because it is perceived to be too big or too small for its location.  

Vandalised trees

Reports of vandalised trees will be investigated and the most appropriate action taken. We make every effort to ensure that newly planted trees are appropriately protected and of a sufficient size to deter or withstand acts of vandalism.  

Tree Preservation Orders and trees within Conservation Areas

The council will assess all applications to undertake work to prune or remove a legally protected tree. We aim to provide our decision within six weeks of receipt of a Conservation Area notification or within eight weeks for a Tree Preservation Order tree application.  

Tree safety inspections

We conduct safety inspections in areas of:  

• high usage (each year and after severe storms)
• medium usage (every two years)
• low usage (every five years)