TPO's on leylandii.

TPO's on leylandii.

Postby RobS » Tue Apr 05, 2005 6:35 am

Does anyone know if it is likely that a TPO would be granted on leylandii?

I'm asking because my garden has been in the shadow of my neighbours leylandii for years and I still can't believe that after 1/6/2005 I can apply to the council to get them chopped to 2 metres.

I'm sure my neighbour will have one last trick up his sleeve.
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Postby Treeman » Tue Apr 05, 2005 6:54 am

Firstly you can’t simply apply to get them chopped. You need to show that you have exhausted all other options and secondly it isn’t a blanket 2m but will depend on what the inspector feels reasonable.

The tree officer will be providing some level of input and would effectively be making a rod for his own back if he TPO’d the hedge so it is unlikely to happen.

If a hedge does have a TPO and attracts enforcement then consent to prune regarding the TPO will have to be given.

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Postby RobS » Tue Apr 05, 2005 7:14 am

Sorry, I should have explained that I'm currently going through the process of exhausting all available procedures in an attempt to get my neighbour to chop his trees. I've spoken to him several times over the last few years and again last week when I mentioned part 8 of the Anti-social Behaviour Act and the calculations contained in the "High Hedges and Light Loss" document. In my case the document shows that the trees should be chopped to 2 metres (rectangular garden, 7.7 metres effective depth and SW facing trees on the boundary, no slope). I am currently awaiting his response to my letter that I sent by recorded delivery which outlined all the facts and my offer of involving a mediator.

Anything else you can think of?
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Postby despair » Tue Apr 05, 2005 10:00 am

Rob

You have indeed followed the correct proceedure as outlined by Hedgeline to the letter

Be very sure to report back to Hedgeline the results of your efforts

Because if the LA treeman denies your complaint or does not honour the height you expect its vital Hedgeline know

Then they have the facility to go back to OPDM and prove the new HH Law is not being honoured in the promised way
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Postby RobS » Tue Apr 05, 2005 10:22 am

I certainly will Despair.

I wish you luck in your battle as well.

Regards.
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Postby Gardening Taff » Wed Apr 13, 2005 12:12 am

Can a conifer/evergreen have a TPO? I thought it was only deciduous trees that qualified?
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Postby Alan Harris » Wed Apr 13, 2005 1:38 am

Dear robS

Why not wait for high hedges to come in and then see what guidance is given for taking down trees. Tell your neihbour in writing that that is what you are doing because you will need to show reasonableness in trying to negociate your way out of the dispute in any event.

Yours sincerely

Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby Beech » Wed Apr 13, 2005 2:46 am

Gardening Taff wrote:Can a conifer/evergreen have a TPO? I thought it was only deciduous trees that qualified?
The owners of substantial Monterey Pines, Scots Pines, Yews and Holm Oaks where I live would be very surprised to hear this.

I understand that a TPO can be made on any tree if the Tree Officer decides it has a value, whether due to size or 'amenity'. They will rarely TPO a tree of poor quality or one that is diseased, although I know of areas where there is a blanket order covering anything with trunks in excess of, and now I can't remember what the girth is/was! :oops: I believe that it is also possible for an order to be put on a hedge, where the hedge is signficant to an area and also where it may be at risk due to development.

The best way to could find out if this applies to where you live would be to contact your Local Council.
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Postby RobS » Wed Apr 13, 2005 6:44 am

The reason I was asking about TPO's was because, after speaking to my neighbour, I was sure he had some trick up his sleeve. His trees are not monsters when compared to some that I've seen around. They were about 6 metres tall, not massive I admit but when they border a garden that is only 7.7 metres deep that causes big problems. Anyway his trick, he had them cut last week to 3 metres. This is still plenty big enough to block out all the late afternoon sun and close enough to 2 metres for the council to say that it was unlikely that they would take any action against the neighbour. Therefore, in my case, the trees are 50% over the "action hedge height" and, if past experience is anything to go by, unlikely to be pruned for the next 3 years.
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Postby despair » Wed Apr 13, 2005 10:11 am

Robs

If by the BRE measurements/calculations mean your neighbours hedge should be only 2 metres and when you make a formal complaint to the tree man at your LA and he decides its fine at 3metres you still have the right of appeal

Your neighbour would have to have some incredibly strong reasons of severe loss of privacy etc to stop his hedge being reduced to 2 metres

As it stands he will have to maintain his hedge at the agreen level EVERY year or he will face more sanctions and fines

I am sure Hedgeline will be gunning for the OPDM if people like your neighbour are not forced into cutting their hedges

3metres is still considered too high for safe cutting back to the boundary from your side so dont forget that bit too
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Postby Alan Harris » Wed Apr 13, 2005 10:27 am

Dear Robs

I believe that the high hedges guidance is affected by garden size and the direction between the affected property. Wait and see!

Regards


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby RobS » Wed Apr 13, 2005 11:04 am

Alan, I've been through the document called "High Hedges and Light Loss" and for my garden which is rectangular, 7.7 metres deep and facing SW the trees should be 2 metres.
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