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NFG

Neighbour intends to cut tree with TPO?

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My mother in law (elderly lady aged 86) has a large oak tree in a corner of her garden, some of which overhangs a neighbouring property.

The tree is a subject of a TPO.

 

We have discovered that the neighbour intends to have some work carried out on the tree without consultation.

 

Whilst I know a neighbour has a right to cut overhanging branches, I believe any work carried out on a tree subject to a TPO without proper consent from the district planning authority is illegal.

However, I suspect the neighbour maybe hiring 'bodgit and scarper' or pikies to carry out the work.

 

What is the best course of action? (she does not want to go and speak to neighbour for fear of confrontation)

 

Her house is in the UK

 

Edited by NFG
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It’s difficult if she (understandably) wants to avoid confrontation.

 

Why do you think they intend to carry out works?

Edited by Mick Dempsey

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Why do you think they intend to carry out works?

 

Another neighbour told her they were going to carry out the work because the branches were blocking light.

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4 minutes ago, Stubby said:

Inform the local TO ?

Thanks Stubby, we have located them and will ask the question.

I personally think this is probably the best course of action and avoids the excretor entering the air conditioning as so to speak that will occur once the work is done.

And hopefully offsets any liability!

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5 hours ago, NFG said:

Why do you think they intend to carry out works?

 

Another neighbour told her they were going to carry out the work because the branches were blocking light.

Only if yr laid right under it.  K

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Removal of branches from a TPO'd tree because of light blockage can in some circumstances be lawful without consent, but the light blockage would need to be really quite bad, constituting an 'actionable nuisance'.

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Just to follow up, my wife managed to persuade her mum to talk to the TPO, who visited yesterday and said he'd go and speak to the people planning to do the cutting and advise them accordingly.

 

She asked if some could be cut back a little so he gave her the correct forms and again advised how much. We also took some  photographs for the record.

 

Thanks to all who posted helpful replies, i did think contacting them was the right way, but it took some convincing!

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