Like all living beings, trees have limited lives. Through damage, disease, decay or structural weakness a tree can become dangerous and threaten people or property.

The responsibility to manage a tree lies with the owner of the tree and under their “duty of care”, the Courts have decided that tree owners should have their trees inspected. This should be done by a competent person, on a regular basis, with the owner provided with a written report. Failing to have an inspection undertaken, or not acting on recommendations relating to safety, may leave an owner open to a claim of negligence should subsequent damage or injury occur.

Where an owner fails to meet their responsibility to manage trees, or where an owner can’t be identified, then it is possible for Councils to intervene in the following circumstances:-

• Where a tree is threatening a public road or public footpath and is within 15m of the road or path then Devon County Council can require an owner to take action under the Highways Acts Contract. In South Hams contact Devon County Council on: 01752 898200.
• In all other situations, where there is an imminent threat from a dangerous tree the District Council can take action to make the tree safe. Contact the Tree Office on: 01803 861234 or Email: tree.office@southhams.gov.uk

Where trees are on South Hams District Council land then any concerns should be addressed to Polly Stone, Tree Officer, on: 01803 861234 or Email: tree.office@southhams.gov.uk

If you want details on how to have a tree inspected then please look at the Arboricultural Association website.

The Council is currently undertaking works to a number of trees on Council owned land. These works are to address health and safety issues identified during the Council's recent inspection of its trees and all the works are expected to be completed by the end of April 2008. If you want to see a list of these works, please click on the link below:

List of Tree Works

If you have any queries about these or any other works to trees on Council owned land, please contact Polly Stone, Tree Officer on: 01803 861234 or email: tree.office@southhams.gov.uk

IIf you want to request that the Council undertakes some tree works which may be affecting your property, please write to Polly Stone, Tree Officer at Follaton House, Plymouth Road, Totnes TQ9 5NE including the following information:-

• Where the tree is (preferably with a sketch plan showing nearby roads/houses etc)
• What the problem is
• What species of tree it is (if you know)
• What you want the Council to do about it

It may be worth noting that the Council will normally only undertake works where they meet one of the following tests:-

1.That the work is necessary in the interest of public safety; or

2.That the works are required to remove nuisance or damage caused by a tree where that nuisance or damage is likely to be actionable in law and is likely to lead to a claim against the Council.

Further details can be found in the Council’s Policy for tree works, a copy of which can be obtained either from the Tree Office on 01803 861234 or by clicking on the link below:-“

Council Tree Policy

If you want to report an overgrown tree or hedge interfering with a highway or path please look at Devon County Council's website.