TPO and works to trees in a Conservation Area

TPO and works to trees in a Conservation Area

Postby loftspace » Fri May 16, 2014 7:11 pm

I submitted a section 211 notice regarding neighbour's tree on our boundary. An estimated 50% of this tree overhangs our garden and the neighbour has refused to prune; even when I offered to share costs of a tree surgeon.

The tree officer visited today and indicated the tree is not eligible for a TPO; despite neighbour misleading us into thinking it did and we could not touch tree.

Neighbour has told Tree Officer he will lodge an objection to our planned works. We had to send a scan picture of tree, showing how much I intend to cut back. If I cut right up to boundary line the tree will look pitiful. I will leave some overhang. Does anyone think neighbour has any chance of halting works to tree without a TPO?

Honestly it feels like our garden has become an annexe to neighbour's trees and plants that he prefers to site on the boundary, it is very frustrating. :shock:

thanks in advance for views and advice.
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Re: TPO and works to trees in a Conservation Area

Postby Treeman » Fri May 16, 2014 8:59 pm

The matter will be decided either by the tree officer under delegated powers or it will go to committee, who will (should) take advice from the tree officer, if it goes to committee the neighbour has more chance of influencing the deal.


If the tree isn't worthy of a TPO file a 211 to fell it then you can fell as much as you are legally allowed to
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Fri May 16, 2014 9:12 pm

Thanks. I'm curious to know what conditions could my neighbour site that would persuade a committee to issue a TPO? The tree isn't in any protected categories and is considered an invasive species. The previous owner kept tree in good order and overhang was minimal.
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Re: TPO and works to trees in a Conservation Area

Postby COGGY » Fri May 16, 2014 9:17 pm

Hi Loftspace

Have you thought of requesting help from your local councillor?

Regards
Coggy
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Fri May 16, 2014 9:24 pm

COGGY wrote:Hi Loftspace

Have you thought of requesting help from your local councillor?

Regards
Coggy


I'm hoping local councillor won't be necessary. The tree officer was very reasonable, clearly setting out options. If we were dealing with a majestic maple I could understand.
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Re: TPO and works to trees in a Conservation Area

Postby Treeman » Sat May 17, 2014 6:57 am

loftspace wrote:Thanks. I'm curious to know what conditions could my neighbour site that would persuade a committee to issue a TPO? The tree isn't in any protected categories and is considered an invasive species. The previous owner kept tree in good order and overhang was minimal.



TPO's are about amenity, if the works you propose will result in an unacceptable loss of (visual) amenity without justification then they may well be declined.

What are these protected categories hat you speak of?
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Re: TPO and works to trees in a Conservation Area

Postby MacadamB53 » Sat May 17, 2014 8:08 am

Hi Treeman,

If the tree isn't worthy of a TPO file a 211 to fell it then you can fell as much as you are legally allowed to

I thought the OP had already filed a 211, hence the visit from the Tree Officer?
now it has been decided there won't be a TPO I thought the OP just has to wait for the prescribed six weeks, then get cracking? or has the 'objection' kiboshed that?

Kind regards, Mac
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Sat May 17, 2014 9:05 am

MacadamB53 wrote:Hi Treeman,

If the tree isn't worthy of a TPO file a 211 to fell it then you can fell as much as you are legally allowed to

I thought the OP had already filed a 211, hence the visit from the Tree Officer?
now it has been decided there won't be a TPO I thought the OP just has to wait for the prescribed six weeks, then get cracking? or has the 'objection' kiboshed that?

Kind regards, Mac


Yes a TPO is not going to be granted. I think neighbour thinks this is a regular planning application and has the right to object? I want to clarify that this is not an option. The tree in question is not on any at risk lists and is considered an invasive species and is secure.

I have no intention of felling tree, I just want to cut back the overhang.
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Re: TPO and works to trees in a Conservation Area

Postby Treeman » Sat May 17, 2014 10:18 am

loftspace wrote:
MacadamB53 wrote:Hi Treeman,

If the tree isn't worthy of a TPO file a 211 to fell it then you can fell as much as you are legally allowed to

I thought the OP had already filed a 211, hence the visit from the Tree Officer?
now it has been decided there won't be a TPO I thought the OP just has to wait for the prescribed six weeks, then get cracking? or has the 'objection' kiboshed that?

Kind regards, Mac


Yes a TPO is not going to be granted. I think neighbour thinks this is a regular planning application and has the right to object? I want to clarify that this is not an option. The tree in question is not on any at risk lists and is considered an invasive species and is secure.

I have no intention of felling tree, I just want to cut back the overhang.


To all intents it is a planning application and the 6 week period is a consultation period for interested parties to make a representation to be considered before determining the matter.

If your proposed works are outside of best practice the tree IS at risk. If the tree is considered an invasive species this will have no bearing on its amenity value and thus no impact on the process.
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Sat May 17, 2014 1:26 pm

I wish to cut back the overhang and have even provided a picture to the council showing the arc (by way of a black sharpie) - the tree is not at risk from my pruning and again i stated I'm not requesting felling of the tree. If this were a traditional planning application i would receive formal assent. The letter from the council states if I do not hear from them on the deadline, my application is deemed to be granted.
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Sat May 17, 2014 2:23 pm

And the irony is he is currently in his garden cutting back to the boundary another neighbour's trees and foliage.
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Re: TPO and works to trees in a Conservation Area

Postby MacadamB53 » Sat May 17, 2014 5:02 pm

Hi loftspace,

he is currently in his garden cutting back to the boundary another neighbour's trees

I assume you've checked up on this? :wink:

Kind regards, Mac
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Sat May 17, 2014 5:07 pm

MacadamB53 wrote:Hi loftspace,

he is currently in his garden cutting back to the boundary another neighbour's trees

I assume you've checked up on this? :wink:

Kind regards, Mac
:lol:
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Re: TPO and works to trees in a Conservation Area

Postby Treeman » Sun May 18, 2014 9:49 am

loftspace wrote:I wish to cut back the overhang and have even provided a picture to the council showing the arc (by way of a black sharpie) - the tree is not at risk from my pruning and again i stated I'm not requesting felling of the tree. If this were a traditional planning application i would receive formal assent. The letter from the council states if I do not hear from them on the deadline, my application is deemed to be granted.



Well you say that and I am sure you are right BUT others may be better informed and of a different opinion. Any pruning is harmful to trees, its just a question of degree.

Many proposed works to protected trees are prevented because they are inappropriate.

The "211" NOTIFICATION is submitted under the town and country planning act and is part of the planning process. The LA has one course of action under the notification, they can protect the tree with a TPO.

If they don't act, at the end of the consultation period you can implement the notified works but you have made a notification as opposed to an application so no consent can be granted although some authorities would like you to think otherwise.

In the case of reducing overhang, making a TPO would be unlikely because of the cost implication of that and if they declined an application under a TPO for reasonable (sustainable) works it would I all likelihood be allowed at appeal.
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Re: TPO and works to trees in a Conservation Area

Postby loftspace » Sun May 18, 2014 12:49 pm

My letter from the LA is clear: "if you do not hear from the council within the 6 weeks time frame then your application is deemed to have been granted."

Your other point that all pruning damages a tree. I feel you are extrapolating. Cutting ones toe nails is not in itself damaging but severing a digit is.

Under guidance from the tree officer, I illustrated on a picture of said tree, what pruning was going to be carried out.

Any way thanks everyone for your views and advice.
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