killing my trees

killing my trees

Postby kiwi » Tue Mar 15, 2005 8:10 pm

Hi,

Could anyone give me information regarding the root spread of 30-40ft lime trees,mature chestnut trees and 30ft bay tree. A tiny plot of land next door to our house has asked for planning permission to build a 2 storey above ground and 3 storey below ground house up to the boundary on all sides.We have a mature bay tree,horse chestnut and lime tree growing on the boundary and if they excavate as deep as they need to it will definitely kill my trees.I want to be armed when I speak to the tree lady at the council and either kill off the planning permission or at least make the developer back off my boundary.

All help and advise gladly recieved.

Kiwi
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Re: killing my trees

Postby David » Wed Mar 16, 2005 12:12 am

kiwi wrote:Hi,

Could anyone give me information regarding the root spread of 30-40ft lime trees,mature chestnut trees and 30ft bay tree. A tiny plot of land next door to our house has asked for planning permission to build a 2 storey above ground and 3 storey below ground house up to the boundary on all sides.We have a mature bay tree,horse chestnut and lime tree growing on the boundary and if they excavate as deep as they need to it will definitely kill my trees.I want to be armed when I speak to the tree lady at the council and either kill off the planning permission or at least make the developer back off my boundary.

All help and advise gladly recieved.

Kiwi


My understanding is that as with overhanging branches they can cut throught the roots as they are in effect trespassing on your neigbours land.
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Postby kiwi » Wed Mar 16, 2005 8:01 am

We are in Conservation area so I thought they couldn't just kill trees at will.
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Postby Cytania » Wed Mar 16, 2005 11:39 am

Unless the trees are TPOed they don't carry any special weight. However you should certainly respond vigourously to the planning permission request. I did this successfully on my mother's behalf.

First of all look at the draft plans provided. Are they accurate? Draft plans often miss details, usually in their favour. Pick up anything they've missed and highlight how they should consider it.

If the develpopment is very close to the boundary question if they've left sufficient space for property maintenance. Suggest that they may be creating a bleak 'dead zone' that detracts from their property.

Do mention your trees and roots but not just from your perspective. Are they creating risk of subsidence? Are they placing a house where it will be shaded? Are they leaving sufficient garden for a family? Are they producing a house 'out of character' with yours and the rest of the area.

Raise these issues no matter how weak they may seem. If you get the planners thinking they may frown on the initial request. That's not to say that the architects won't rectify and resubmit but you'll have stopped the whole exercise bein a rubber stamp job.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em
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Postby Angelisle » Wed Mar 16, 2005 4:22 pm

Kiwi,
Wrote
We are in Conservation area so I thought they couldn't just kill trees at will
.

Trees in Conservation Areas: Section 211 Notices
Trees in conservation areas which are already protected by a TPO are subject to the normal TPO controls. The Town and Country Planning Act 1990 also makes special provision for trees in conservation areas which are not the subject of a TPO. Under section 211 anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the LPA six weeks prior notice (a 'section 211 notice'). The purpose of this requirement is to give the LPA an opportunity to consider whether a TPO should be made in respect of the tree.

I did a little digging of my own pardon the pun, this may add weight to your meeting with the planning.
Best of Luck
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Postby despair » Wed Mar 16, 2005 9:44 pm

I would very seriously doubt any planners would give permission for a building that has 3 stories below ground level

The building regulations for same must be onerous

Why not call in the LA Treeman NOW and get him to put TPOs on the trees fast and scupper the developers plans from the start

Also while he could technically cut back brances and roots to the boundary he will also be fully liable if the trees die or more importantly are destabilised and fall .........could they fall on your house ?????
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thanks

Postby kiwi » Thu Mar 17, 2005 12:16 am

Thanks to everyone for your advise and support.I am on the case and have met with the planning officer and tree woman at the council.It's looking optomistic but who knows what they will decide and I'm still worried.I'm hoping to persuade the tree woman that each tree in danger needs at least x amount of space to protect the roots and hopefully a TPO will be put on them.
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