How To Respond To A Section 23 Warning
If you have recently received a Section 23 warning from your local council you may be looking for advice on what your next steps should be and what to do about it.
Receiving an official notice from the council can seem stressful, but it does not have to be. As your local tree care experts, Kneebone Trees is here to explain what a Section 23 warning is and what should be done about it.
What Is A Section 23 Warning?
These official warnings indicate that dangerous trees, shrubs or hedges need to be reduced within several days or the council will take action to remove them.
This can be a stressful time, because you may not be aware that any trees on your land are considered dangerous. To understand what you need to do and how these issues can be prevented in the future, we first need to explore what Section 23 is.
Section 23 is part of the Local Government (Miscellaneous Provisions) Act 1976 which outlines the powers the council holds in terms of dangerous trees. Section 23 indicates that the council have a right to act when dealing with trees that are deemed dangerous in a range of circumstances, including:
- Any trees on the complainant’s property that pose an immediate risk of causing harm to people or property.
- Trees on land that are not owned by the complainant, but pose a threat to the complainant or their property.
- Trees that are on land that is not owned by the Council, but are in such a poor condition that they could cause damage to people or property on land owned or managed by the Council.
Trees may also be reported as part of the Highways Act 1980, where the same concerns are present but the threat is to public highways rather than private or council-owned land. In either case, the complainant will be given a notice to reduce or remove the dangerous trees.
What Should I Do Following A Section 23 Warning?
The Section 23 warning letter from the council will outline how long you have to deal with the dangerous tree before the council steps in. In many cases, the complainant has 14 days from the date of the letter to act, but requests may be extended in specific circumstances.
It is also possible to appeal a Section 23 warning if you have reliable evidence and a reasonable argument to do so. Based on the terms of your Section 23 warning, you can appeal to the Magistrates Court but this must be done within a specific time frame also, often 21 days following the notice being sent.
If you fail to act during this time, the council will remove the tree from your land or surrounding area and send you the bill. This can be an expensive procedure that you were not expecting, which is why it is always best to hire arborists yourself.
Choose Kneebone Trees For Secure Tree Removal
Kneebone Trees is available to offer tree surgery, pollarding, and tree removal to align with Section 23 warnings. We can also offer emergency tree services for severe cases or those with a short time frame.
Our team are local experts and operate across Torbay, meaning we have a great understanding of local requirements and regulations for all tree care. With our experience and understanding of local council regulations, we make it easy for our clients to deal with Section 23 warnings and proceed without additional issues.
We can also offer advice and provide tree surveys to determine whether this notice is justified.
Contact Us Today
To prevent fines, charges or ongoing legal issues, reach out to Kneebone Trees today to deal with your Section 23 Warning.
