common lime tree with a tpo

Re: common lime tree with a tpo

Postby MacadamB53 » Sat Jan 17, 2015 12:54 am

Hi graham,

Mac wrote:can you not appeal?
sounds like you can - great news!

All the best with the masterplan, Mac
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Re: common lime tree with a tpo

Postby graham turner » Sat Jan 17, 2015 12:09 pm

Thanks mac,has been a long up hill battle.But it just goes to show that if you hang in there,you will win in the end.Should have appealed a long time ago and had a great company do our appeal on a no win no fee.
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Re: common lime tree with a tpo

Postby jdfi » Sun Jan 18, 2015 11:22 am

Good result, and good advice for others.

Now to get that lime tree struck by lightning....
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Re: common lime tree with a tpo

Postby graham turner » Sun Jan 18, 2015 1:02 pm

Thanks to everyone,every bit of advice was taken on board and listened to.I am an electrician and not an academic,and very glad I stuck with this.
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Re: common lime tree with a tpo

Postby COGGY » Mon Jan 19, 2015 11:07 am

Good morning Everyone

Just a gentle reminder

Please show respect for others in your posts

Postby gardenlaw » Sat Aug 11, 2012 11:22 am
Just a reminder that all posts made on Garden Law’s forum should be done in a manner which is respectful to others.


Kind regards
Coggy
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Re: common lime tree with a tpo

Postby graham turner » Mon Jan 19, 2015 11:41 am

I have one last question.
Now I have my planning permission
I want to move my log cabin out of the way.
The only place it can go in just on the edge of the root protection area.
I do not intend to do any digging and will build it on concrete blocks and a frame of 6 by 2 pressure treated timbers.
This is the only place it can go now,to make way for the new build.
The tree is outside and I have to put a scaffold fence inside my garden to protect the roots.
Any help welcomed.
I do not wish to offend anyone with my grammar,but this is as good as it gets.









a
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Re: common lime tree with a tpo

Postby TO » Mon Jan 19, 2015 1:48 pm

Hi Graham

I'd be interested in reading the decision. I've had a look on the Councils website and it's not there. Any chance you could sendme a private message (PM) with it attached or set up a drop box put it in there and send me a link, or something.

Thanks
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Re: common lime tree with a tpo

Postby TO » Mon Jan 19, 2015 4:43 pm

Hi Graham

I've found it, no need to try and send me a copy. I'ts often a cause for grumbling when inspectors without arboricultural experience or qualifications decide appeals which revolve around tree issues. This lack of expertise hasn't been helped by the reduction in the numbers of Inspectors. Having said that they have just had a recruitment drive and employed more arboricultural experience.

I would disagree with the view of the Inspector that people don't sit on lawns. They do, and they do lots of other things on lawns too, all of which will be affected by the tree in one way or another. And that because the Inspetor sees the tree as a pleasent backdrop everyone else will. They won't. Many would see it as an inconvienience that blocks sunlight; sheds leaves, twigs, branches, and honeydew; is overbearing; is to tall; is a forest tree and has no place in suburbia and; it could fall down at any time.

Sometimes what has been written is not the whole story, and what went unwritten is just as important. Maybe that the tree is not within your control was at the back of the Inspectors mind when making the decision. Afterall, no matter what you apply/get consent to do to the tree, you couldn't actually do, (over and above what you could do under Common Law if it wasn't TPO'd), without the consent of the owner. And that, from what you say, would be unlikely.

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Re: common lime tree with a tpo

Postby jdfi » Wed Jan 21, 2015 12:23 am

Get a room you guys!

We have a serious question about a log cabin.

My own layman's view is that if it is short enough to meet the PD definition of 2.5 metres it can sit anywhere it wants. How near a boundary are you proposing to put it?
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Re: common lime tree with a tpo

Postby Treeman » Wed Jan 21, 2015 7:30 am

jdfi wrote:Get a room you guys!

We have a serious question about a log cabin.

My own layman's view is that if it is short enough to meet the PD definition of 2.5 metres it can sit anywhere it wants. How near a boundary are you proposing to put it?


So the RPA , not significant then?
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Re: common lime tree with a tpo

Postby Treeman » Wed Jan 21, 2015 7:34 am

graham turner wrote:The only place it can go in just on the edge of the root protection area.



Can you be a bit more specific ?

On the edge, inside or outside, if its outside I am guessing you wouldn't be asking, if its inside that's going to be a problem.
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Re: common lime tree with a tpo

Postby arsie » Wed Jan 21, 2015 9:34 am

Chap across the road built recently on a site with trees.

What seems to happen is that your scaffold contractor, your tree person and the LPA tree officer meet on site to agree fence lines. If you sit-in on the meeting, Graham, you can influence to get the fence line to allow your log cabin to go where it needs to go. Building site layout is all about 'give and take' but fitting the rules.
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Re: common lime tree with a tpo

Postby graham turner » Wed Jan 21, 2015 6:19 pm

Not sure I would get any help at all with the arb guy at the landscapes dept,as they never responded to my arb guy and thats why we went to appeal.
They are prob none too pleased with the outcome.The log cabin is 2.5m hight and up againt the hedge which on the otherside is a road.
It looks like it will encroach on a triangle of about 15% of the corner of the rpa.I was going to put it on a raised deck so no digging.
Should I just do it as its my garden at the end of the day or am I being too cautious.
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Re: common lime tree with a tpo

Postby arsie » Wed Jan 21, 2015 8:39 pm

The old tried and tested methodology. JFDI.

Just do it ;) Ideally with the LPA treeman and your own guys' (arb, builder) agreement on site. If you are not needing to dig in the RPA they should be flexible. Decking is permeable.
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Re: common lime tree with a tpo

Postby graham turner » Sun Aug 07, 2016 4:32 pm

Well we have built our bungalow and moved into it.
The saga with the log cabin continues and we have had to have plans drawn up and apply a retrospective planning application for the cabin as the parish would not let it go.
Its just under 3m to the top of the ridge.
It sits sideways onto the road next to a 2.5m conifer hedge.
The lime tree that caused all the problems overhangs our garden and has a tpo on it,
the branches are about 1m off the floor and I need to know how to get permission to get it trimmed and how much we can take it up as it well overhangs our garden.
The tree is on a grass verge outside our property that the parish took ownership of and put the tpo on to try and stop us building.
This tree sheds masses of leaves in winter and can I dump them back on the parishes grass verge or is that being petty as I have had so much trouble with them.
Any replies appreciated.
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