More Overhanging Branches, Council/Preservation issue

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derek_d
Posts: 2
Joined: Tue Mar 22, 2005 7:26 pm

More Overhanging Branches, Council/Preservation issue

Post by derek_d » Tue Mar 22, 2005 7:42 pm

Hi There,
A Little guidance would be appreciated with the following problem.......

My back garden has a bridleway running adjacent to it. My boundary fence seperates my garden from the Bridleway.
I had an issue last winter in bad weather, basically large/heavy branches gave way and were falling into my garden. My two concerns were that my two boys play in the garden at every opportunity available.....it was one of my boys who alerted me to a few branches coming down, very close to their area of play. The other concern is that the Tree overhangs my Conservatory. I can move the kids and make sure they play at another end of the garden, but I can't move my conservatory.
As I was a little clueless as to how to approach the situation, so I called the local authority/council. They sent a guy around who told me that the tree has a preservation order and can't be touched. I explained my concerns and the guy sympathised but said that he could not act unless the tree was dying/damaged??
I accepted this, but just yesterday evening, a large branch has came off the tree and I now have a substantial crack in my conservatory roof.

I'm just glad it did not come through and that no one was in at the time.
Not the best place to build a conservatory, I know but I've only been in the property for 3 years and the conservatory was here.

Anyone who could give guidance as to how to appraoch the problem, would be most appreciated.
I'm more than happy to pay for any costs for trimming the branches or whatever is necessary, I'm not expecting a freebie from the council, just a bit of breathing space from my garden to the tree and at my expense if it solves the problem.

Sorry this is a long one, let me know if you need any other information.
Tree apprx 12m-15m high. (Oak)

Thanks in advance,

Derek

despair
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Post by despair » Tue Mar 22, 2005 8:41 pm

As you have already effectively put the Council on notice over the dangerous state of the trees i would slam in a claim to them for the repairs to your roof plus a demand that they get the tree properly dealt with

If it was healthy i cant see it loosing branches like that

Treeman may have other views or ideas so hopefully he will comment

Treeman
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Joined: Fri Feb 25, 2005 7:02 am
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Post by Treeman » Tue Mar 22, 2005 9:51 pm

Firstly you seem to be taking a reasonable attitude and I hope you won’t be slamming and demanding anything. Such stances tend to get peoples backs up and are usually counter productive. I am also a little unclear as to who owns the tree. If it someone other than the LA that could explain the comments about dying/damaged?? Which could come under miscellaneous provisions.

You said
They sent a guy around who told me that the tree has a preservation order and can't be touched.
This is simply not true. If that is verbatim the man in simply wrong. A tree preservation order is not a bar to pruning or felling if that is indicated.

Now that the tree has caused damage it would not be unreasonable to ask the owner of the tree to make a detailed inspection of their tree and carry out any works as a matter of urgency, with regard to their duty of care to others.

The owner of the tree is responsible for the damages caused to your property but you might need to go through your insurance company.

Regards

Treeman

derek_d
Posts: 2
Joined: Tue Mar 22, 2005 7:26 pm

re:

Post by derek_d » Wed Mar 23, 2005 6:25 pm

Thanks for the replies!
In my mind I feel like going to town with them, but I'm no doubt better to act reasonably and try to come to some compromise.

I called them today and someone will be calling me back to look at the tree again. As for the repair to the roof, that's a claim on my insurance which, is what it's there for afterall. I just hope to reach some conclusion to this as I fear it could be a claim a year??? I'm sure the insurance folk won't like that or I won't with the policy increases!!

I feel a little better placed to put my argument over now that I have had a response from treeman, thank you. I will keep you posted on the visit from the LA man.

I also have a bigish tree in my garden and when the guy came the last time, I took the opportunity to ask if it's ok to tackle my own tree? May seem a silly question but his comments on preservation etc made me think. Anyway, he also went as far to say that I'm restricted as to what I can do with that too? Is this right?
It's in my garden and I'm only talking about trimming back a little as it looks untidy. Sorry to slip in another question.
Jusst a little ignorance on my part.

Thanks again.

Derek

Treeman
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Post by Treeman » Wed Mar 23, 2005 6:46 pm

Hmmm

I am getting a whiff of something Bovine here. At this point I would need to ask if the tree in question owned by the LA. It is uncommon but not unheard of for the LA to place a TPO on its own trees but since a TPO costs them money they don’t do it on a whim.

I would be asking 2 things

1. Is the tree subject to a TPO? As an occupier of adjoining land you should have been served with a copy of the order when it was made and confirmed.

2. What restrictions are on you pruning your own tree? If it is a TPO you should have been served with the paperwork or, as a land charge it should be flagged on the searches when you bought the property.

Call the planning section and ask them if there are any TPO’s or conservation area status in force on your property and the surrounding grounds. You do not need to tell them what you intend to do and the ODPM’s best practice (“Blue Book”) guide says that they should be able to tell you over the phone so don’t let them fob you off with “it’s not our policy”

Treeman

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