Tree cut without permission in conservation area

[Skipforthetrees]

Towards the end of 2020 my neighbours hacked off large branches of my birch tree that was overhanging their property.

I live in a conservation area. The neighbours didn’t tell me they were going to do it and neither did they seek permission from the council. I thought they were just cutting their own trees so didn’t really pay attention and by the time I noticed it was too late to do anything about it.

Now the tree looks unbalanced and I’m concerned that it’s no longer safe. A tree surgeon is coming to have a look and as they are reputable company they will not do the works without seeking permission from the council.

Will I get into trouble for not reporting the neighbours actions at the time? Will my neighbours get into trouble for cutting a tree in a conservation area?

Your neighbours are entitled to prune anything that overhangs their land.

Is there a tree protection order on the tree - not likely if it is a birch, they are quite short lived. I doubt anyone will even comment.

Within a conservation area you need permission as you would with a tree that has a TPO.

Our neighbours have been prosecuted for cutting a protected tree on their side of our borders. The council didn’t do anything the first time. 8 years later they did it again and the council took action (I had videos of the idiots doing it).

Conservation area here too, no works to any trees with trunk circumference over 7.5cm without council permission, front or back gardens. Please read the post where conservation area is mentioned.
Also if you make a tree dangerous you will most likely be liable for damages caused/bills incurred.
Depends on many variables though, mostly how proactive your council are.

I’m slightly worried that they’ll say I gave them permission which I didn’t. They cut a few other trees bordering other neighbours at the same time, hopefully that will work in my favour if the council do investigate.

Even if you had given permission, the onus would still be on the neighbours (or those performing the work) to notify the council. You should be fine with no comeback on this. I wouldn't be surprised if the council asks you questions but only from the perspective of information gathering on who performed the work.

At our last house we (and other neighbours) reported our next door neighbour who cut down all the mature trees in his large, Conservation Area garden. Unfortunately the council weren't remotely interested and did nothing.