trees and new housing

trees and new housing

Postby warren » Mon Sep 11, 2006 11:45 am

Hello, I'm contacting you again as I have great advice from everyone before!

Briefly, the land behind my garden is being redeveloped. There is now a gable wall at the end of my garden some 35ft high(!) - I have already had a tree branch cut back for the developer but he is now saying that he will make a note that I have an oak tree next to my fence incase the roots effect his new property in future years!

I think this may be a case of tit-for-tat as I have made a complaint on behalf of myself and other residents, as the base levels of his development are a lot higher than the existing garden levels and the houses are therefore at least 4 to 5 ft taller than the local residents were lead to believe. The difference in levels could potentially cause drainage problems in the future.

I need advice if possible please, on the fact that he is thinking that my existing tree's roots may damage his properties in the future and also, if possible, what or who I could approach with regard to the level of his development?

As ever, many thanks for any advice!

Warren
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Postby Treeman » Mon Sep 11, 2006 12:59 pm

He can make all the notes he wants. Encourage him to do so and ask him for a copy of it. He is simply demonstrating that he was aware of the trees at the time of building and should have taken the trees into account. If your tree is implicated in any damage you may need to remove it but the possibility is a long way off yet.

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Postby Jeds » Mon Sep 11, 2006 5:22 pm

Also try to get a detail of the foundation depth and type of his new houses and if any tree root measures were taken. This will be useful evidence should a problem arise in future.
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Postby hzatph » Mon Sep 11, 2006 10:24 pm

Get him to make the notes! As many as he likes. Don't tell him that he is undermining his own case as he knows fully and well that the trees are there first. Check his planning permission to - this may make reference to the trees as well.
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Postby andrew54 » Fri Sep 15, 2006 6:30 pm

Regarding the level of the gardens you should contact Planning Enforcement at your local council. They will check the plans that were passed and then do a site visit to compare.
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Postby Whomping Willow » Sun Nov 26, 2006 7:54 pm

Clay soil or not? If not you can relax to a large degree. The distance of the tree from the new property is also an important factor to take into account.

Is the oak tree large? If the developer has dug into the root zone of the tree and used inappropriate foundations one might anticipate potential heave of the new property. That's not really for you to worry about as it's not your liability but it would be useful to collect the evidence (foundation depth for example, and any correspondence you had with the developer) to pass to your neighbour in about 5 to 8 years time when the court case is looming.

If the tree is not large then it has the potential to grow much larger and potentially cause damage (on clay soil) but as Tree man says worry about it when it happens and evidence is produced. You won't have a financial liability unless laws and practice methods change in the future.
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