Trees in Churchyards

General principles, felling and maintenance, planting, references and useful addresses

Introduction

Under the Care of Churches and Ecclesiastical Jurisdiction Measure 1991 the responsibilities of the PCC for the care of its churchyards extends to trees, including those to be planted. The Diocesan Chancellor is required by the Measure, after consultation with the Diocesan Advisory Committee for the Care of Churches (DAC), to issue guidance to parishes.

The PCC is responsible for all expenditure on trees. Proceeds from the sale of timber may be applied towards the maintenance of any church or churchyard for which the PCC is responsible.

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General Principles

There are four golden rules:

All proposals to top, fell, plant or replace should have the prior approval of the PCC by formal resolution except where the felling or lopping of a dangerous tree has to take place in an emergency. A faculty is required for felling trees (unless the tree is dead or obviously almost dead), multiple planting, the planting of a tree which will grow to a height of above five metres or where the planting (other than of a small bush) is to commemorate some event or person. A faculty will always be required when it is proposed to fell a sound tree (except for small self sown saplings which are less than 7.5cm in diameter at 1.5m from the ground, or 10cm if the felling is to help the growth of other trees). If there is any doubt about whether a faculty is required, consult the DAC.

Surgery to substantial trees must only be done on professional advice. See below in relation to suitable professionals who may be able to give advice.

Where there is a Tree Preservation Order or where the churchyard stands within a conservation area, quite apart from the need for a faculty the formal consent of the local Planning Authority (normally the district or borough council) will be required for all proposals to fell or lop trees except in the case of dying, dead or dangerous trees where five days notice has to be given to the Authority except in an emergency.

Contractors should be asked to demonstrate adequate public liability insurance cover (normally two million pounds) before being engaged. If felling is to be carried out by volunteer labour under the auspices of the PCC, the adequacy of the PCC's own insurance cover should be established.

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Felling and Maintenance

In cases where trees are known to be dying or are obviously dangerous, the need to fell may be self-evident. In other cases, such as those prompted by complaints from neighbours, the matter may be more contentious, especially where attractive, mature specimen trees are concerned. Impartial advice should normally be obtained and is available from the Arboricultural Office of the District or County Council. This official will in any event need to be consulted where the tree is statutorily protected. Qualified forestry or landscape consultants and tree surgeons or other timber contractors complying with BS 3998 (1989) can also provide sound advice, as can rural practice chartered surveyors.

The Local Authority will usually supply a list of recognised forestry consultants and tree surgeons in the area.

In order to reduce the crisis through neglect it is sound practice to list all trees and every so often to review (with appropriate advice) the short and long term requirements for each major specimen. Useful questions to ask are whether there are too many trees, whether the churchyard is unnecessarily overcast and whether any trees are becoming dangerous, causing damp or damaging walls, buildings, graves or memorials.

The law requires that every five years as part of the quinquennial survey there must be an inspection by the surveying architect of any tree subject to a preservation order. At the same time there should also be an inspection of all trees. Any concern about any tree expressed by the architect must be referred to an expert.

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Planting

A regular review of trees should include early planning for replacement when existing trees have reach the end of their natural lives. It is often possible to plant a young tree near an old one in order to maintain the tree line when the old one needs to be felled. Scale is an important factor in the choice and positioning of new trees in relation to their mature height and spread, to their proximity to the church, the boundary wall or adjoining buildings, and to the effect of root systems on existing memorials and land for future burials. Planting proposals will need to conform to the PCC's wider policy for the conservation of the churchyard. Advice can be obtained from those bodies listed below.

Suitable species of larger trees will include yew (the spreading form taxus baccata), Scots pine, cedar of Lebanon, small leafed lime, beech, horse chestnut and field maple. Hedging species such as hawthorn, blackthorn, guelder rose, hazel and the wayfaring tree can form useful screening.

The various varieties of cupressus are not recommended for churchyards.

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