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Legal Series: What is a 5 Day DD?

29th January 2025

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If you need to remove a dangerous tree urgently, or perhaps a tree on your property has suddenly become a risk, you may have heard of something called a ‘5 Day DD’. But what does it mean, and how does it affect you?

Defining the 5 Day DD

A ‘5 Day DD’ (or Five Day Dangerous Tree Notice) is an exemption within tree planning regulations that allows for emergency work to be carried out on protected trees without the usual lengthy application process. This exemption is granted when a tree poses an immediate risk to public safety or property.

Under normal circumstances, work on a tree protected by a Tree Preservation Order (TPO) or located within a conservation area requires permission from the Local Planning Authority (LPA), which can take up to eight weeks. However, in cases where a tree has become dangerous due to storm damage, disease, or structural failure, a 5 Day DD allows for necessary work to be carried out quickly and legally.

When Can You Use a 5 Day DD?

The 5 Day DD is specifically for situations where:

  • A tree is dead or dying and presents an immediate danger.
  • A tree has suffered storm damage and is at risk of collapse.
  • Branches or sections of the tree have become unstable and may cause harm to people or property.

This process is not a way to bypass planning regulations for convenience. If a tree is not deemed to be an imminent risk, standard application procedures still apply.

The Process: What You Need to Do

  1. Assess the Risk – You (or a qualified arborist) must determine that the tree presents an immediate danger.
  2. Notify the Local Planning Authority (LPA) – Before work begins, you must inform the LPA in writing, stating the reasons for the emergency work. This notification serves as a legal safeguard.
  3. Document the Condition – Take photographs and keep records of the tree’s state before and after the work. This evidence is crucial in case of any later dispute.
  4. Undertake the Work – The work should be limited to what is necessary to remove the immediate risk. Unauthorised additional work beyond what is required could lead to penalties.
  5. Submit a Follow-Up Report – After the work is completed, the LPA may request a full report detailing the actions taken and the reasons behind them.

What Happens If You Don’t Follow the Rules?

Failing to follow the 5 Day DD process correctly can result in legal consequences, including fines and potential prosecution. If the LPA deems that the work carried out was unnecessary or exceeded what was required for safety, you could be penalised.

How We Can Help

At Thor’s Trees, we have extensive experience handling emergency tree work under 5 Day DD notices.

Our expert team can assess your tree, liaise with the LPA on your behalf, and carry out the necessary work efficiently and legally.

If you suspect a tree on your property is a danger, don’t take any risks—call us on 0208 292 8992 for professional advice and assistance.

Here's some helpful links:

https://assets.publishing.service.gov.uk/media/5a790b1d40f0b679c0a08161/tposguide.pdf?utm_source=chatgpt.com

https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas?utm_source=chatgpt.com

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