Protected Trees ? ? ?

[Mac McLennan]

I have just applied to have branches removed from protected (TPOs) council trees overhanging a clients garden.

 

This is a first for me ..........as in the area I used to work, the council did not require planning for works to someone elses treesoverhanging your property.

 

I used to phone the tree officer saying I was going to do the work.......incase they had any phone calls.

 

What have you experienced in this situation????

[madclimber]

hi mate im in a similar position, i have a sycamore and a birch, both with tpo's and a surveyour has piched up that the lower branches need removing as encroaching onto property and causing the gutter to block with leaves and debris. I have applied for the work to be carried out a few weeks ago and still waiting.

[Paul Barton]

Common law allows you to cut branches back to your boundary as they can be a 'niusance' to you.

 

However, the case of Sun Timber Co. Ltd vs Leeds City Council resulted in a ruling that overhanging branches are only a 'nuisance' if they are an 'actionable nuisance' - ie they are causing current damage or will do so in the immediate future.

 

Therefore if this interpretation of the law is correct, any overhanging branches which are not causing/about to cause damage will need the Local Planning Auth's permission. Obviously it seems that different LPAs have different opinions on it.

[treemotion]

Just send the council what you want to do they will tell you what they will allow you to do and your off does not take long but i guess depends on time of year and how busy they are do not touch any tpo tree without permission.

[skyhuck]

Very much depends on your area,but in some areas you can meet the T/O on site and discuss the job, that way you can apply for what you know they will let you do.

[Amelanchier]

Common law allows you to cut branches back to your boundary as they can be a 'niusance' to you.

 

However, the case of Sun Timber Co. Ltd vs Leeds City Council resulted in a ruling that overhanging branches are only a 'nuisance' if they are an 'actionable nuisance' - ie they are causing current damage or will do so in the immediate future.

 

Therefore if this interpretation of the law is correct, any overhanging branches which are not causing/about to cause damage will need the Local Planning Auth's permission. Obviously it seems that different LPAs have different opinions on it.

 

[Paul Barton]

Ha ha - thanks Tony. It did help that I happened to read about it this week!

[Log-ologist]

I have just applied to have branches removed from protected (TPOs) council trees overhanging a clients garden.

 

This is a first for me ..........as in the area I used to work, the council did not require planning for works to someone elses treesoverhanging your property.

 

I used to phone the tree officer saying I was going to do the work.......incase they had any phone calls.

 

What have you experienced in this situation????

 

 

What.

 

Are you saying you never have worked on trees with TPO's

[madclimber]

cool, yeah at present i have no intentions on touching the tree until i get the green light

[Mac McLennan]

What.

 

Are you saying you never have worked on trees with TPO's

 

On the contrary......I have been working on trees with TPOs and in Conservation Areas for 9 years.

 

I'm saying that there seems to be a discreprancy as to what planning is required by various LPAs.

 

However.....MisterTee seems to have cleared things up.....Bottom line is, put the Planning in whether you think it is required or not.

 

MAC