TPO ON Large tree in Small Garden

TPO ON Large tree in Small Garden

Postby raygin9 » Wed Dec 16, 2015 6:10 pm

Hi All
returning to actively posting after a long absence, rather than just reading about all the trials and tribulations we all suffer day to day which nearly all seem to be caused by inconsiderate neighbours rather than acts of nature, why cant we treat ... like we would like to be treated ?
We have now moved from my previous abode (Subject= exit from own garden ) to a smaller property, cosy :wink:
The nest was empty so we downsized to a bungalow which has what we need without all the work .... but ... the small garden is dominated, as are the three gardens close to it by a disproportionately large ash tree which has a protection order on it. My new neighbours are all in favour of removing /reducing or whatever we can achieve' as the former absentee owner was not interested and has allowed the situation to deteriorate. I decided to ask for advice here to determine which route to take to get the maximum reduction in the tree before approaching the council with no real idea of what to do.
Has anyone here had a similar problem and a happy outcome - if so I would really appreciate some advice. I hasten to add, I am not anti tree, but it towers over three properties causes problems with fence damage/ leaf pollution and occasional falling branches, The noise on a windy night is something to be experienced :cry: I am 100% sure that the people posting these TPO's would think again if they had to live with the consequences of their decisions.
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Re: TPO ON Large tree in Small Garden

Postby Fairperson » Wed Dec 16, 2015 6:38 pm

Whose garden is the tree in?
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Re: TPO ON Large tree in Small Garden

Postby mr sheen » Wed Dec 16, 2015 8:39 pm

:shock: Having had a previous issue, just don't understand why you chose to move to a property with issues with TPO????
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Re: TPO ON Large tree in Small Garden

Postby raymilland » Thu Dec 17, 2015 10:03 am

TPO does not preclude any works on the protected tree but does mean you need prior approval from your Local Authority to undertake any work. The arboricultural officer at your local authority planning department should be able to provide you with guidance on what, if any, works he/she would be prepared to sanction prior to your making any application.
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Re: TPO ON Large tree in Small Garden

Postby raygin9 » Thu Dec 17, 2015 10:11 am

Hi All.

Fairperson = Tree is in my garden.
Mr Sheen = My previous issue was a Garden Exit to river bank,
The TPO became known very late in negotiations and on the whole the tree was not a deal breaker with the purchase, as other benefits out weighed it. It would be good for my neighbours - who in fairness it affects more than I, to have it reduced or ideally removed.
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Re: TPO ON Large tree in Small Garden

Postby raygin9 » Thu Dec 17, 2015 10:17 am

Hi raymilland
Would not The arboricultural officer at my local authority probably be the issuing person or closely affiliated with them and therefore have a vested interest so may not be very forthcoming with advice :?:
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Re: TPO ON Large tree in Small Garden

Postby arborlad » Thu Dec 17, 2015 10:37 am

Ask a local tree surgeon to have a look, they will have a better idea of what will or wont be accepted in your area. Has the tree had any previous work done to it?
arborlad

smile...it confuses people
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Re: TPO ON Large tree in Small Garden

Postby MacadamB53 » Thu Dec 17, 2015 10:51 am

Hi raygin,

Would not the arboricultural officer at my local authority probably be the issuing person or closely affiliated with them and therefore have a vested interest...

yup

...so may not be very forthcoming with advice

I don't follow? providing good and proper advice in these circumstances is a part of their role and one they take seriously...

Kind regards, Mac
Last edited by MacadamB53 on Thu Dec 17, 2015 10:57 am, edited 1 time in total.
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Re: TPO ON Large tree in Small Garden

Postby raymilland » Thu Dec 17, 2015 10:52 am

raygin9 wrote:Hi raymilland
Would not The arboricultural officer at my local authority probably be the issuing person or closely affiliated with them and therefore have a vested interest so may not be very forthcoming with advice :?:


that's not my experience in dealing with our local officer. He was extremely helpful and authorized the felling of 2 trees with TPOs. As I said TPO doesn't preclude your undertaking works it just means you need to apply for permission first. Ultimately if you wish to undertake any work you will have to deal with the council officer anyway so probably a sensible approach to try and get him/her onboard.
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Re: TPO ON Large tree in Small Garden

Postby cleo5 » Thu Dec 17, 2015 11:58 am

I once lived on a new developement of six town houses where a huge old cedar tree with a TPO was growing.
It's shade dominated the gardens of three of the houses. It was cut back gradually and after a few years TPO was lifted and tree sawn down. Stump remained

A tree surgeon will advise you . Hopefully may well find some disease in the tree and will advise tree removal and this will sway council into agreement of removal.
A large ash in a small garden can be a real nuisance. Roots spread and deplete the soil.
Write to council and get neighbours to co sign the letter .
If council objects then get it chopped down anyway.Fine about £1000.
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Re: TPO ON Large tree in Small Garden

Postby arborlad » Thu Dec 17, 2015 12:51 pm

cleo5 wrote:If council objects then get it chopped down anyway.Fine about £1000.



Add a nought and x2 :(
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Re: TPO ON Large tree in Small Garden

Postby TO » Thu Dec 17, 2015 1:16 pm

Hi

arborlad wrote:
cleo5 wrote:If council objects then get it chopped down anyway.Fine about £1000.
Add a nought and x2 :(
No. The fine is unlimited, even in a Magistrates Court now. Also, there will be the proceeds of crime order which could add several thousands of pounds, and the criminal conviction which won't do you any favours when doing lots of things, including finding/keeping your job, applying for credit, going on holiday, buying insurance, and so on.......

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Re: TPO ON Large tree in Small Garden

Postby raygin9 » Thu Dec 17, 2015 1:21 pm

Hi All
Thanks' for all responses.
I was slightly doubtful that the issuing officer would take an unbiased view of their own TPO, after all its only human nature and we have all experienced it in one way or another in some area of life. :(
Arborlad's suggestion for a local tree guy to inspect and submit recommendations would seem the only way to go.
I was hoping to see a trend develop on certain faults or problems listed with successful appeals for lopping or felling.
raymilland = what was the reason for the successful felling you mention?
Cleo5 ...Its tempting but not at £5k each between 4 x neighbours, and who wants to put their name to it, I did read that one guy got a £125k fine via crown court for cutting down a tree for a sea view as a present for his wife :shock: ....... and the view only added £50000 to the value of his house ... oops !
I believe ( but may be wrong) that the £20000 fine limit is from a Magistrates but from a Crown Court it is unlimited. I would like to help my neighbours and of course myself ..... but that sounds a bit risky.
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Re: TPO ON Large tree in Small Garden

Postby raygin9 » Thu Dec 17, 2015 1:24 pm

oops was writing when TO posted :) so now upto date.
Its only a tree after all , I do not want to end up registered as a hardened criminal :D
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Re: TPO ON Large tree in Small Garden

Postby cleo5 » Thu Dec 17, 2015 2:21 pm

Yes. Apologies. You are all correct. It used to be a £1000 fine when I last looked- many years ago but of course times/ costs and rules change.
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