School Boundary Trees

TO
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Re: School Boundary Trees

Post by TO » Mon Aug 13, 2018 9:26 am

The LPA. But its not going to help you. The landscaping scheme is the minimum expected by the LPA, enforcement, if they haven't done it accordingly, is time limited, and they can plant what they like over and above the approved scheme on their land.

trying2doitright
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Re: School Boundary Trees

Post by trying2doitright » Mon Aug 13, 2018 10:09 am

Good morning To,
This is all so confusing - there are so many refererences made in these documents to this and that Law, Regulations, Act, etc., and yet it seems that they may as well not be there, as once the grant has been handed over they can do whatever they want.
Thank you for your time and reply.
Kindest Regards

mr sheen
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Re: School Boundary Trees

Post by mr sheen » Mon Aug 13, 2018 12:46 pm

You have the right to cut back to the boundary from the ground to the sky. Your only real option is to cut back all overhanging branches to the boundary.

A landowner has a right to use all their land as they wish right up to the boundary including the planting of trees. Leaves etc from trees are not considered a legal nuisance that is actionnable unless damage to property actually results for which they are on notice or is foreseeable. In this case you indicate that the falling tree debris of which you complain is coming from overhanging branches that you have the right to remove and hence you have the right to reduce the issue yourself if you wish to.


You can ask the LPA about the landscaping scheme but this is highly unlikley to get you anywhere. Landscaping plans ensure that trees and plants are planted to maintain a pleasant environment for all as oppose to restricting planting.

despair
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Re: School Boundary Trees

Post by despair » Mon Aug 13, 2018 2:31 pm

Full details should be in the conditions of the planning application

Suggest you go direct to planning enforcement officer and ask him to explain what the conditions actually mean

Do not show your hand as to why you are asking
Take detailed notes of what is said
You should be able to call up all the conditions attached to any planning online

Only when you are very sure of your facts do you write a detailed complaint to planning enforcement ...all neighbours need to write separate letters
All signing one letter is not enough
You also need to copy your letters to your local area Councillor and get them involved

IdefixUK
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Re: School Boundary Trees

Post by IdefixUK » Mon Aug 13, 2018 5:25 pm

I agree with Dispair in that you would do well to involve your local councillor and try to get him or her involved in influencing any descisions made by the school.

I think a gently-gently approach to the school governors/head is called for because I do not see that legally you can force the issue. I would have thought that the fact that you are all "of a certain age", and in council accommodation, may well go in your favour in any negotiations undertaken. Is it just by chance that all of your neighbours are of retiring age or are these homes 'designated' for tenants in your age group?

Reading between the lines of the response from the school it seems that they might have come to your help if there were funds available. I wonder if this leaves the door open for you and your neighbour's to do some fund raising to effectively reimburse the school for any money they would have spent on this were more funds available in the school budget.

If the school were amenable to you and your neighbour's effectively paying for the work to be done then the local news papers could make a nice story of this , photo of you and your neighbours, the headmaster and governors , the local councillor all grinning widely and showing that there is, even in these dark times, a spirit of cooperation and understanding just as there was in the good old days.

Good luck.

IdefixUK
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Re: School Boundary Trees

Post by IdefixUK » Mon Aug 13, 2018 8:12 pm

Just another thought.
If you could negotiate with the school to allow you to trim back and thin out those trees to a pre-agreed plan if you could raise the cash, then, in principle, your next problem will be in raising the necessary cash.
Many moons ago I was a member of the Round Table club, in those days we were very much involved in raising funds for local causes ( and often the more bizarre the better!). I do hope that things haven't changed too much since those days, it was great fun, and we achieved a lot for the benefit of local people. Raising the cash for cutting those trees would have been right up our street. You should be able to locate the secretary of the branch covering your home area on the Internet. You might also try the 41 club and the Rotary clubs to see what response you might get.
Another idea would be to look at the charities book (librarian to help here!) in your local library. Some benefactors have left considerable amounts of money specifically to assist people in (for example) a specific village, or those who were born in a certain locality, and who now find themselves distressed. Some of these charities actually find it hard to distribute their funds because the range of potential beneficiaries is limited. Perhaps you or one of your neighbour's might qualify.

Best wishes.

Please do keep the forum updated with what happens.

mr sheen
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Re: School Boundary Trees

Post by mr sheen » Tue Aug 14, 2018 10:22 am

OMG! The last post has shocked me. Last time I donate to the organisations referred to.
Local causes does not include removing trees enjoyed by many because they are annoying neighbours when they sit outside in the sun.
I believed, obviously mistakenly, that these organisations and charities raised money to support causes like disabled and life limited children, meals on wheels for the housebound etc.

It appears that some charitable organisations have far more money than they need if they are entertaining themselves seeking out bizarre causes to give money to......unbelievable!

IdefixUK
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Re: School Boundary Trees

Post by IdefixUK » Tue Aug 14, 2018 11:01 am

mr sheen wrote:
Tue Aug 14, 2018 10:22 am
OMG! The last post has shocked me. Last time I donate to the organisations referred to.
Local causes does not include removing trees enjoyed by many because they are annoying neighbours when they sit outside in the sun.
I believed, obviously mistakenly, that these organisations and charities raised money to support causes like disabled and life limited children, meals on wheels for the housebound etc.

It appears that some charitable organisations have far more money than they need if they are entertaining themselves seeking out bizarre causes to give money to......unbelievable!
Hey, slow down! Mr sheen.
They indeed do raise funds for the sort of causes you mention. Those sort of good causes are generally dealt with at National level. What I was illustating was that all those years ago, if a request was made of our local Round Table, and there was no money in the kitty at local level, then we would go out and raise those funds locally. The reference to the cause being "bizarre" (perhaps I should have used the term 'unusual') had two effects. Firstly such causes had little chance of gaining funds from elsewhere, and secondly, in adopting causes (such as helping elderly people in this case) gave a fine opportunity for the club to gain some publicity for the good works they do locally and nationally.
I would refer you to the 'aims and objectives' of Round Table, which (if I recall correctly) did not specify that members should get involved with any charitable works.
From what we know from this thread there are some elderly people whose twilight years are being made thoroughly miserable by the presence of a some trees close to their homes. I suppose that one must consider whether presence of a few trees is more important than the situation of those elderly people. The answer to that depends upon which side of the hedge you fall.

The Round Table and Rotary etc do sterling works for many causes,( the members invariably give freely of their time and skills) please don't let my post stop you from supporting them.

Regards

mr sheen
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Re: School Boundary Trees

Post by mr sheen » Tue Aug 14, 2018 2:12 pm

Hey, you, Idefixuk ...too little too late!

despair
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Re: School Boundary Trees

Post by despair » Tue Aug 14, 2018 4:29 pm

I am more convinced now than ever given the huge costs of employing tree surgeons that the law needs to be changed so that no one can plant trees within their specified growing circle and that tree and hedge owners must be made responsible for costs of maintaining tress or hedges withing their own bojndaries

It would save so much angst and distress

trying2doitright
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Re: School Boundary Trees

Post by trying2doitright » Wed Aug 15, 2018 12:55 am

Hi mr sheen,
Thank you for your reply.
“Landscaping plans ensure that trees and plants are planted to maintain a pleasant environment for all as oppose to restricting planting.”

There are two planting strips clearly marked out on the drawings. The largest planting strip (top left angle) has been left completely void of trees and yet the smaller planting strip which shows up on the drawings as set to the side of these four bungalows only, has been extended throughout. I agree with you in that the goal of Landscaping is to create a beauty within an area of land but there is no beauty in the shape, colour, or form of this belt of trees that pleases my senses. I see only evidence of neglect.

I had two pictures in this space but when I have copied and pasted they have been lost. I'm sorry but I don't know any other way of showing them.





“In this case you indicate that the falling tree debris of which you complain is coming from overhanging branches that you have the right to remove and hence you have the right to reduce the issue yourself if you wish to.”

Believe me mr sheen, if we were physically able or financially sound - we would!
Kindest Regards

trying2doitright
Posts: 16
Joined: Tue Jul 26, 2016 8:25 pm

Re: School Boundary Trees

Post by trying2doitright » Wed Aug 15, 2018 1:00 am

Hi despair,
Thank you for your reply.

“Full details should be in the conditions of the planning application”

Planning permission was granted for a Security Fence around the school boundary Date 06/12/1994

Grant of Planning Permission (Conditional) for Development
In pursuance of its powers under the above mentioned Act and Orders, the Council of the ********* Metropolitan Borough (hereinafter called ‘the Council’) as Local Planning Authority hereby GRANTS planning permission for the above development in accordance with the plan/s and application submitted to the Council on 13/10/1994, subject to the conditions specified below.
CONDITION 1.
The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plan/s and specifications.
REASON 1.
In order to ensure that the development is carried out in accordance with the approved plans.
CONDITION 2.
The development(s) to which this permission relates shall be begun not later than five years from the date of this decision notice.
REASON 2.
This condition is imposed in accordance with the requirements of section 91 of the Town and Country Planning Act 1990.
CONDITION 3.
The colour(s) of the fencing shall be submitted to and agreed in writing by Local Planning Authority before the development is commenced and the fencing shall be finished in accordance with the agreed colour(s) to the satisfaction of the said authority.
REASON 3.
In order to ensure the satisfactory appearance of the development upon completion.
CONDITION 4.
Before the development is commenced, a fully detailed scheme for the landscaping treatment of the site shall be submitted to and approved in writing by the Local Planning Authority and such agreed scheme shall be wholly carried out during the first planting season following the commencement of the development. Any trees/shrubs dying or being removed within five years of planting shall be replaced to the satisfaction of the Local Planning Authority.
REASON 4.
To ensure that a well laid out planting scheme is provided and maintained in the interests of the visual amenity of the area.
Signed ********** Director of Planning
Please note the following advice on this decision:-
No works should be carried out on the development involving any common boundaries without the prior agreement of the owners of the adjoining properties.
This decision notice relates solely to the requirements of the Town and Country Planning Acts and related Acts, Orders, and Regulations. It does not imply that consent has been granted for any other purpose, nor does it override or vary any other Legal rights, duties, or responsibilities of the applicant, the Landowner, or any third party. In particular, you should check with the Council’s Director of Engineering Services <Address> , in case your proposals also need approval under the Building Act 1984.
*Your attention is drawn to the attached notes which explain the applicant’s right to appeal against this decision, or in certain circumstances to serve a purchase notice or claim compensation.

“Suggest you go direct to planning enforcement officer and ask him to explain what the conditions actually mean”

I am housebound but I could ask my daughter-in-law if she would be willing to go. I do intend to print off all replies so that she can read them and note all the helpful suggestions.
Thank you.
Kindest Regards

trying2doitright
Posts: 16
Joined: Tue Jul 26, 2016 8:25 pm

Re: School Boundary Trees

Post by trying2doitright » Wed Aug 15, 2018 1:04 am

Hi IdefixUK.
Thank you for your reply,

…”involve your local councillor and try to get him or her involved in influencing any decisions made by the school”

My next door neighbour had involved the local councillor prior to my first posting here but the school are adamant that their grounds maintenance allowance can’t stretch to the boundary trees.

“Is it just by chance that all of your neighbours are of retiring age or are these homes 'designated' for tenants in your age group?”

These council owned bungalows are the only bungalows in the vicinity of the school. There are eighteen in all, set out in the shape of a triangle, four of which have adjoining back gardens to the school boundary. They were specially built for OAP’s, but three have been adapted for wheelchair users. All of the bungalows are connected to Care Call Service.
Kindest Regards

despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: School Boundary Trees

Post by despair » Wed Aug 15, 2018 1:49 pm

Have you contacted the Housing Officer
As your renting and the bungalows are for elderly or disabled they should be able to help sort this issue out

The planning conditions do also say" maintained " get your daughter to ask planning what they mean by that after she has got them to explain all the planning conditions

trying2doitright
Posts: 16
Joined: Tue Jul 26, 2016 8:25 pm

Re: School Boundary Trees

Post by trying2doitright » Wed Aug 15, 2018 2:43 pm

despair wrote:
Wed Aug 15, 2018 1:49 pm
thank you for your time
Have you contacted the Housing Officer
As your renting and the bungalows are for elderly or disabled they should be able to help sort this issue out
The planning conditions do also say" maintained " get your daughter to ask planning what they mean by that after she has got them to explain all the planning conditions
Hi despair, thank you for your time.
I have asked, as have others but we are repeatedly told that there is nothing that they can do about it.
Yes, will do. I have printed off all the replies and going to give them to her tonight.
I'm not very hopeful but there is no harm in trying.
Kindest Regards

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