BS5837 Tree Surveys

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 A BS5837 tree survey is a specialist tree report undertaken to British Standard BS5837 (Trees in relation to design, demolition and construction). This standard is used by local planning authorities to assess the impact on trees during the construction phase of development.  

Local authority planning applications often request that a BS5837 tree survey is submitted as part of the overall planning application. When the planning process doesn’t factor in existing trees at the beginning of the process, the results can be chaotic. As arboriculturists, we fully understand how and why assessing tree quality and appraising trees in relation to future development is critical to the overall process. If you are in need of a professional BS5837 tree survey report for your proposed scheme, please consider giving us a call. Our tree surveyors are fully qualified and insured to undertake your survey and produce your report. Please feel free to contact us for a free quote. 

The first phase is to accurately plot and record the health of the trees within a site as this is critical to ensuring that the best trees are retained. The survey allows recommendations for tree removal based on the condition of the quality of the trees (classed as either A, B, C, or U). A comprehensive BS5837 tree survey will outline how best to protect the roots and branches of retained trees. Damaged roots lead to unhealthy trees, so mapping the Root Protection Area of each tree ensures that the trees within the site remain healthy during and after construction.

If there are constraints on construction it is important to outline these well in advance by undertaking an Arboricultural Impact Assessment, which is the second phase. Without an Arboricultural Impact Assessment, quality trees that add value to a site or area could be lost during development. This can also be very useful when considering the biodiversity of the site, and ultimately achieving Biodiversity Net Gain. 

Under the UK planning system, LPAs (Local Planning Authorities) have a statutory duty to consider the protection and planting of trees when granting planning permission for development. The effect of development on trees,  whether protected (e.g. by a TPO or Conservation Area) or not, is a  material consideration that is taken into account when considering planning applications.  

The amount of information required to enable the LPA to properly consider the effects of development proposals on trees varies between stages of the planning process and in relation to what sort of development is proposed. Table B.1 of British Standard 5837:2012 Trees  in relation to design, demolition, and construction – Recommendations provide advice to both developers and LPAs on an appropriate  amount of information that will need to be provided either at the  planning application stage or via conditions.

Planning conditions are used by LPAs as a means of securing the retention of trees, hedgerows, and other soft landscaping on sites during development and for a period following the completion of the development. If planning conditions are in place then anyone wishing  to undertake work on trees shown as part of the planning condition  must ensure they liaise with the LPA and obtain any necessary consent  or variation. 

The Tree Officer is usually an employee of the local Council. Their job,  like any other Council employee, is to serve the interests of the public.  In the case of the Tree Officer within the Planning Department, this  is achieved by maximising the many and varied benefits that trees  provide to the Council’s administrative area, through input into  the development management system.

TPOs are administered by your local Council in its role as the  Local Planning Authority (LPA) and are made to protect trees that provide a significant amenity benefit to the area.  All species of tree can be protected (but not hedges, bushes, or shrubs), and a TPO can protect anything from a single tree to all trees within a defined area or woodland – but no species is automatically protected by a TPO (not even an oak!).  A TPO makes it a criminal offence to cut down, top, lop, uproot,  wilfully damage, or wilfully destroy a tree protected by that order,  or to cause or permit such actions, without the authority’s permission.  Anyone found guilty of such an offence is liable to prosecution, and an unlimited fine can be imposed for destroying or removing a  protected tree without consent from the LPA. To make an application to carry out works to a protected tree you will  need to complete an application form and submit it to the LPA 

If a tree in a Conservation Area you have to give six weeks prior written notice to the LPA (by letter, email or on the LPA’s form) of any proposed work, describing what you want to do. This gives the LPA an opportunity to consider protecting the tree with a TPO. Normal TPO  procedures apply if the tree is already protected by a TPO. You do not need to give notice if the tree is less than 7.5 centimetres in diameter, and measured 1.5 metres above the ground  (or 10 centimetres if thinning to help the growth of other trees). 

The safety of trees is nearly always the responsibility of the owner of the land on which they grow; but there are some exceptions,  such as when a rental agreement requires the tenants of a  property to manage the trees. The tree owner or manager has a ‘common law’ duty of care to:  ‘take reasonable care to avoid acts or omissions which they can reasonably foresee would be likely to injure their neighbour’ The tree owner also has a duty under the Occupiers Liability Acts to take reasonable steps to ensure visitors or trespassers on their land are safe. In practice, this means that if a tree fails and causes damage to a person or property then the tree owner may be liable. The chances of making a claim, however, would usually depend on whether the owner had been negligent; for example, if the tree was obviously unsafe through damage or disease, and they failed to act to prevent the incident from occurring. Therefore if you own trees it is sensible to have them regularly inspected by a competent arboriculturist.  The best way to deal with a dangerous tree on neighbouring land is to write to the tree owner as soon as possible politely expressing any concerns you have and asking them to have the tree checked by an arboriculturist. If you still can’t reach a satisfactory conclusion then it may be helpful to get in touch with us to assist in mediating before relationships break down completely. As a last resort, it may be possible to obtain a court injunction requiring the owner to deal with the tree, or in limited circumstances, the local Council maybe able to help using their discretionary powers under the  Local Government Miscellaneous Provisions Act 1976. 

It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary,  with or without the owner’s consent. You also have a legal duty,  however, to take ‘reasonable care’ whilst undertaking the works,  and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. It is therefore unwise to undertake work without first consulting an arboriculturist. The parts cut off from the tree remain the property of the tree owner, so they should be offered back.  If overhanging trees or encroaching roots have caused damage to your property then you should contact your building insurer for advice.  Your insurer will usually contact the owner of the trees asking them to abate the nuisance and will arrange for any repairs to be undertaken.  If damage has not yet occurred, but you believe there is a foreseeable risk that the trees will cause damage in the future, then you should discuss your concerns with the owner and write to them asking them to have the trees inspected by an arboriculturist. You should keep copies of any letters sent as they prove that you have highlighted your concerns should damage occur in the future. 

There are a number of ways that trees can be protected by law within the UK. These include Tree Preservation Orders (TPOs), Conservation  Areas, the Felling Licence system, Restrictive Covenants, and planning conditions within the planning system. It is important to find out from your local Council whether any legal restrictions apply before you undertake work on your trees as you may be liable to prosecution if permission is not first obtained.  

Felling Licences are administered by the Forestry Commission.  You do not need a licence to fell trees in gardens. For trees outside gardens, however, you may need to apply to the Forestry Commission for a felling licence, whether or not they are covered by a TPO.  You can find out more about felling licences from the  Forestry Commission website www.forestry.gov.uk 

Source - The Arboricultural Association, Guide to Trees and the Law.