Trees
Our arboriculture - or tree management - team looks after all trees owned by the council across the borough.
This includes highway trees, trees in cemeteries, parks, open spaces and housing areas.
They also give advice to the planning department about tree preservation orders, conservation areas and how proposed developments might affect trees.
Trees in garden or private land are the responsibility of the landowner.
Removal of street trees
There has been a change in Highways Legislation. Street trees which are being removed are now required to have a 28 day consultation. This is to allow the pubic to enquire and raise concerns as to the reason why the tree is being removed. Darlington Borough Council only remove street trees which are dead, diseased or dying / in decline.
A notice will be on the tree specifying the reason the tree is being removed as well as the date the notice was placed. Once the tree is removed a new tree will planted in its place. The replacement will be planted between November and March as this is the ideal planting time.
If you see a notice and have any further concerns, please contact [email protected] All other tree enquiries must still go through Customer Services, see Contact Us below. Normal tree enquiries will not be answered by this email - this email is for Consultation Notices only.
Can I prune a tree next to my property?
If the tree is within a conservation areaor has atree preservation orderon, permission must be given through the planning department before any works can be carried out. Failure to do so will lead to prosecution.
You should inform the owner of the tree(s) as a courtesy.
There is no legal obligation in deed or finance upon the tree's owner to cut growth back from a neighbour's property. The property owner has the right to remove the offending vegetation (that being any material part of the tree above or below ground that encroaches into a neighbour’s property) back to the common boundary and no further. Encroachment or works by persons not authorised beyond the common boundary may constitute trespass and/or criminal damage. Please note if you decide to follow this cause of action you may be liable if the tree fails in the future so always take professional advice i.e a qualified Arborist/Tree Surgeon/Arboricultural Consultant. We will however create a clearance of 2 metres from a property/building on any council owned tree.
If you are going to cut back to your boundary please let us know so that we are aware and can let people know that may enquire about the tree work.
You must offer everything you cut back to the owner. The owner does not have to accept the cut material.
More information about tree felling and pruning [external link]
How can I tell if a tree is damaging my property?
You should contact your insurer who will be able to answer your questions.
Damage to buildings by trees or plants happens far less than many think. However, problems can happen when poor foundations are built on clay soil, next to the roots of a tree.
It is then, usually in long dry periods, that movement can happen in a building’s foundations.
If there is evidence of structural damage to your property and it may be because of council-owned trees or shrubs, you should contact us straight away.
We will look into the matter and will take appropriate action to prevent any further problems.
Will the council fell a tree next to my property?
We only remove trees that are dead, diseased or dangerous - or where there is proof that a tree has caused damage to buildings.
Trees are blocking light to my property.
There is no automatic right to light or a view in law.
I have trees on my property - what are my responsibilities?
The owner of trees has a duty of care to make sure that they are safe.
They should be regularly inspected by a professional tree expert (arboriculturalist).
They should have professional indemnity insurance.
If works are needed to a protected tree then they should be done by a tree expert with public liability insurance.
Who owns the trees next to my property?
We do not hold the records of land ownership, but the Land Registry [external link] will be able to help you.
Dead or Dangerous Tree Notice (5 day notice)
If intending to carry out works that are an exception from the normal requirements to gain written consent, the tree owner (or contractor on their behalf) is advised to provide at least 5 working days notice in writing, to Darlington Borough Council before doing so.
Exceptions include:
- Cutting down a tree when the whole tree presents an ‘urgent and serious safety risk’ (see note)
- Pruning part of a tree which presents an ‘urgent and serious safety risk’ (see note)
- Cutting down a dead tree
The law makes it clear that in terms of exceptions, dangerous means ‘immediate risk of serious harm’.
Therefore a risk assessment would address the size of branch or tree (being assessed) and the likelihood of it falling on a vulnerable or valuable target.
How to submit a notice when an exception applies
The following information must be provided:
- identify the tree
- species/type of tree
- size
- location
- describe the planned works
- describe why the works are an exception
- include contact details for the owner and contractor/arborist
Within 5 days our Arboricultural Officer will inspect, determine whether works to a tree can be done under a 5-day notice and advise you of their decision.
Contact us
To report an issue with a tree contact Street Scene:
- Call 01325 405111.
- Email [email protected].
Tree and Woodland Strategy 2021-2031
The aims of the strategy are to:
- manage and enlarge the tree population of the borough
- protect our historical heritage of trees
- provide a valued environment for future generations
Tree and Woodland Strategy 2021-2031 [pdf document]