Blanket TPOS and new trees

Blanket TPOS and new trees

Postby MalcK9 » Fri Aug 24, 2012 9:27 am

I live next door to some council-owned woodland which is covered by a blanket TPO.
My concern is that over the years (we have lived here for over 28 years), new trees have started growing up right on the boundary. For example, a sycamore is growing right on the boundary, and its trunk is only one metre from my back porch. Inevitably braches are overhanging my land/porch.
Previously, I applied for planning permission (because of the TPO) to cut the branches of various trees back to the boundary, including this one, and this was permitted.
To me it seems a location in which one would never intentionally plant a tree, and I would like ideally it to be removed before it gets too big, and because it seems stupid to permit the loppping of branches on one side of the tree to the boundary, when the trunk is on the boundary - the result is visualy appalling and probably unbalances the tree.
Other new trees are srpinging up on the boundary further down the garden and, as they grow larger, impacting my own trees in the garden.
Does anyone know the rules regarding this situation? Despite the blanket TPO can I force the Council to remove unsuitably positioned new trees like this? Do they have any repsonsiblity to prevent unsuitable new growth?
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Re: Blanket TPOS and new trees

Postby craftsman » Fri Aug 24, 2012 11:58 am

Only the trees that were present when the TPO was issued are covered by the TPO
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Re: Blanket TPOS and new trees

Postby Roblewis » Fri Aug 24, 2012 12:50 pm

Could you not quietly hoe them before they become large seedlings and that way nothing is really harmed.
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Re: Blanket TPOS and new trees

Postby TO » Fri Aug 24, 2012 8:18 pm

Hi

You can't force the Council to trim or fell the trees. But it would be worth having a chat with whoever is responsible for managing the woodland and coming to some agreement over what the Council will accept as reasonable management, and more importantly do.

craftsman wrote:Only the trees that were present when the TPO was issued are covered by the TPO
Depends on the TPO. If it's a woodland TPO all the trees, even those that have arisen since the TPO was made, no matter how large or small, and I include seedlings, are protected. Check out http://www.bailii.org/ew/cases/EWHC/Admin/2009/220.html

If it's an area Order then it is the case that only the trees that were there at the time the Order was made are protected. Ask the Council for clarification.

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Re: Blanket TPOS and new trees

Postby MalcK9 » Sat Aug 25, 2012 11:49 am

Mny thanks all - I'll clarify it with the Council.
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