Ash Dieback Disease: Emergency Felling Notice Requirements

Ash dieback disease has emerged as one of the most devastating tree diseases in the UK, threatening millions of ash trees across the country. With the rapid spread of this fungal infection, property owners and land managers increasingly face urgent decisions about tree removal, often requiring emergency felling to protect public safety. Understanding the legal requirements for emergency felling notices is crucial for anyone dealing with infected ash trees, as failing to follow proper procedures can result in substantial fines and legal complications.

Understanding Ash Dieback Disease

Ash dieback, caused by the fungus Hymenoscyphus fraxineus, was first confirmed in the UK in 2012 and has since spread throughout England, Scotland, Wales, and Northern Ireland. The disease affects ash trees of all ages, causing leaf loss, crown dieback, and ultimately tree death in most cases.

Key symptoms include:

• Dark patches on leaves during summer months
• Wilting and blackening of leaves
• Diamond-shaped lesions on bark
• Epicormic growth (shoots growing from the trunk)
• Progressive crown dieback

The Forestry Commission estimates that the UK could lose over 80% of its ash trees to this disease, with significant implications for biodiversity, landscape character, and public safety. Areas particularly affected include Kent, East Anglia, and the North East, though the disease continues to spread westward.

When Emergency Felling Becomes Necessary

Emergency felling of ash trees becomes necessary when the disease has compromised the tree’s structural integrity, posing immediate danger to people or property. Tree surgeons and arboricultural consultants typically assess several factors when determining the urgency of removal.

Situations requiring emergency action include:

• Trees overhanging public highways or footpaths
• Trees near schools, hospitals, or other public buildings
• Significant branch failure risk over residential properties
• Trees in parks or recreational areas with high footfall
• Railway line proximity where falling trees could cause disruption

The Health and Safety Executive (HSE) emphasises that landowners have a duty of care to ensure trees on their property don’t pose unreasonable risks to others. With ash dieback weakening trees unpredictably, regular professional assessments have become essential, particularly in urban areas like Birmingham, Manchester, and Leeds where population density increases risk exposure.

Legal Framework for Tree Felling in the UK

The legal framework governing tree felling in the UK is complex, involving multiple pieces of legislation and regulatory bodies. The Forestry Act 1967 remains the primary legislation, requiring most tree felling to have prior approval from the Forestry Commission through a felling licence.

However, several exemptions apply:

• Trees in gardens
• Trees with a diameter less than 8cm at 1.3m height
• Trees posing immediate danger
• Felling up to 5 cubic metres per calendar quarter

Tree Preservation Orders (TPOs) and Conservation Area regulations add another layer of complexity. Even diseased trees protected by TPOs typically require consent from the local planning authority before removal, though emergency provisions exist for dangerous trees.

In Scotland, the regulatory framework differs slightly, with Scottish Forestry managing felling licences. Wales operates through Natural Resources Wales, whilst Northern Ireland uses the Forest Service. Each region has specific procedures for ash dieback cases, reflecting local environmental priorities and disease prevalence.

Emergency Felling Notice Requirements

When ash dieback creates dangerous conditions requiring immediate action, specific notice requirements must be followed to ensure legal compliance. The process varies depending on the tree’s protection status and location.

Standard Emergency Procedures

For unprotected trees posing immediate danger:

• Document the tree’s condition with photographs and professional assessment
• Notify the local authority within 5 days of emergency work
• Retain evidence of the danger posed
• Submit a retrospective notice if required

Protected Trees (TPO or Conservation Area)

For protected trees, the requirements are more stringent:

• Give 5 days’ written notice to the local planning authority (unless immediate danger exists)
• Provide detailed justification for emergency work
• Include professional arboricultural report where possible
• Plant replacement trees as directed by the authority

Local authorities like Bristol City Council, Sheffield City Council, and Edinburgh Council have developed specific protocols for ash dieback cases, often fast-tracking applications where public safety is concerned. Processing times typically range from 1-8 weeks for standard applications, though genuine emergencies can proceed immediately with proper documentation.

Documentation and Evidence Requirements

Proper documentation is essential for legal protection and insurance purposes when undertaking emergency felling. Professional tree surgeons typically provide comprehensive reports, but property owners should understand what constitutes adequate evidence.

Essential documentation includes:

• Professional tree survey report identifying disease presence
• Photographic evidence showing disease symptoms and structural defects
• Risk assessment documentation
• Written confirmation from qualified arborist (minimum Level 3 qualification)
• Site plans showing tree locations and potential impact zones
• Correspondence with local authorities

The Arboricultural Association recommends using their approved contractors for assessments, as their reports carry significant weight with local authorities and insurers. Costs for professional assessments typically range from £150-£500 depending on the number of trees and site complexity.

Cost Implications and Financial Support

The financial burden of dealing with ash dieback can be substantial, particularly for large landowners or those with multiple affected trees. Understanding costs and available support is crucial for effective management.

Typical costs include:

• Tree inspection and report: £150-£500
• Felling licence application: £0 (online) or £60 (paper)
• Emergency tree removal: £400-£2,000 per tree
• Stump grinding: £60-£350 per stump
• Replacement planting: £50-£200 per tree

Several grant schemes exist to help with ash dieback management. The Countryside Stewardship scheme offers funding for woodland management, whilst the Tree Health Pilot Scheme has provided support in specific regions. Local authorities in areas like the Lake District, Peak District, and New Forest have established their own support programmes, recognising the landscape impact of widespread ash loss.

Insurance coverage varies significantly between policies. Whilst some home insurance policies cover emergency tree removal following storm damage, disease-related felling often falls outside standard coverage. Specialist land insurance may be necessary for larger properties or commercial operations.

Working with Professional Tree Surgeons

Engaging qualified professionals is essential for safe, legal ash dieback management. The UK has several professional bodies maintaining standards in arboriculture, including the Arboricultural Association and the International Society of Arboriculture (ISA).

When selecting a tree surgeon, verify:

• Appropriate qualifications (NPTC or Lantra Awards)
• Public liability insurance (minimum £5 million)
• Arboricultural Association Approved Contractor status
• Experience with ash dieback cases
• Knowledge of local authority requirements

Reputable contractors will provide detailed quotations, including disposal methods for infected material. The movement of ash material is restricted in some areas to prevent disease spread, requiring specific disposal at licensed facilities. This can add £50-£200 per tonne to removal costs.

Future Management and Replanting Strategies

Following emergency felling, developing a replanting strategy helps maintain landscape character and ecological value. The Forestry Commission recommends diversifying species selection to build resilience against future diseases.

Suitable replacement species include:

• Native alternatives: Oak, beech, field maple, hornbeam
• Disease-resistant cultivars under development
• Climate-adaptive species for changing conditions

Some UK regions have developed specific replanting guidance. The Yorkshire Dales National Park Authority, for instance, provides detailed species recommendations based on local soil conditions and landscape character. Similar programmes exist across the Cotswolds, South Downs, and Scottish Highlands.

Long-term management plans should consider the estimated 1% of ash trees showing natural resistance to the disease. These trees represent valuable genetic resources for future breeding programmes, and their identification and protection form part of national conservation strategies.

Conclusion

Managing ash dieback disease whilst navigating emergency felling notice requirements demands careful attention to legal obligations, safety considerations, and environmental responsibilities. As the disease continues to spread across the UK, property owners must remain vigilant for symptoms and act promptly when trees become hazardous. By understanding the regulatory framework, maintaining proper documentation, and working with qualified professionals, landowners can ensure compliance whilst protecting public safety. The challenge of ash dieback will reshape Britain’s landscape over the coming decades, but through informed management and strategic replanting, we can minimise its impact whilst building resilience for future generations.