Emergency TPO Request

[DavidR27]

Hi Guys
Don't know if this is the right place for this, but am at a loss exactly where to get answers, so I hope someone might have experience and can offer some guidance?

This is regarding a  application for an Emergency Tree Preservation Order.
In our garden, which is a nice medium sized one in a neighbourhood with an extremely small amount of trees/'real' gardens.
We have a Thuja Brabant tree, about 10 years old and considered a medium age tree.
There is a real threat to the tree and at the advice of an arboriculturist, we applied to the local authority for an emergency TPO.
There response is that it is in a medium sized garden, not many people will see it and therefore as there is no threat,no TPO.

As we know there is a threat, does anyone know about appealing this type of decision and how best to approach it?

Many thanks for any feedback offered

David

[Chris at eden]

Visibility and threat are two different things. To warrant a TPO the LPA should meet two legal tests. 
 

Amenity - visible to the public, and it looks nice 

Expediency - tree under threat. 
 

If these two tests are not met they shouldn’t really TPO the tree.  The amenity can be current or future so the whole, the tree is small may not stack up. If it can grow big enough to be visible then it may pass the test.   In general, if the removal or damage of the tree would have a significant negative on the local environment, the LPA should consider making a TPO. 
 

There is no appeal as such in this situation. You would have to follow the councils complaints procedure if you are not happy with the service. 
 

Pics and info on the threat would be useful. 

[DavidR27]

Hi Chris

Thanks for your info.

Attached 2 photos of the trees.

Threat is a vindictive and erratic neighbour who has only spite and has gone at us for over a year to have the tree removed. 

It has huge sentimental value as it was planted in memory of a family member, and honestly, there are hardly any other tress in the whole area. 

Hope this gives some more context?

Thanks

[Husqvarna King]

All for retaining trees but with the speed that will grow and how close that is to the building, I would want that out. Or at a bare minimum reduced and then regularly trimmed in to a nice shape. Thuja will tolerate heavier pruning, unlike leylandii. Not that I would suggest making it into a toilet roll. 

[DavidR27]

We have been advised by a local Arboriculturist that the tree is not causing issue to the neighbouring property, the image is deceptive as the tree is a good 2m inside the boundary line. 

So I guess it is down to a discussion between him and the tree officer then

 

By the way, this tree is now over 10 years old and seems to be settling down in terms of its growth 

[monkeybusiness]

Is that the neighbour’s house? If so I’d suggest they are having your tree forced upon them somewhat…

Emotional attachment aside, that’s not really a great choice of tree for that location I’m afraid. 

[rapalaman]

Far too close to the wall I’m afraid- wrong tree wrong place 

[Chris at eden]

I agree with the other comments. It’s too close to the house at 2m.  But from a TPO perspective.  
 

Visual amenity - it currently has zero looking at the pics.  It may in time grow to have some visibility but if so it will probably  impact negatively on the house.  Not just risk of damage but in terms of dominance.  Can’t comment on risk of damage as not enough info but as a minimum the canopy will be rubbing against the building. 
 

Expediency / threat - minimal.  The tree is 2m from the boundary meaning that the neighbour can’t fell it as that would be trespass and criminal damage.  They can cut the overhanging branches to clear the house but that is reasonable and they would be able to do it to abate / prevent the nuisance under exemption even if it was TPOd.  The only issue I can potentially see is if they cut off the roots that are trespassing again under exemption and if this destabilises the tree.  
 

If I was the tree officer (and I did that job for 17 years), I wouldn’t TPO the tree either.  I don’t think you will get far with this if you make a complaint. It will be pretty easy for the council to defend. 
 

Not the news you want but that is my opinion. 
 

Jules (another member on here) may have something to add.  He’s pretty good with the legal stuff so keep a look out. 
 

Cheers

 

Chris 

 

Note. The above is based on very limited info as I haven’t visited the site so you should not take this as professional advice.  Your own appointed Arb should be able to give you better site specific advice on the tree assuming they are competent to do so. 

[daltontrees]

Not much to add. There is no formal process or right to ask for a TPO to be considered and whereas many a TPO arises from a member of the public blowing a whistle, there's no form to fill in, no legislative right. Accordingly there's no right of appeal either. And I suspect that any complaint about the Council's behaviour would have to focus on its failure to consider the matter, rather than how it exercised its discretion as to whether to make a TPO. It has considered the matter and I think most would agree with the Council that it's not a situation for a TPO.

 

As Chris has said, even if there was a TPO you could not protect the tree against cutting back of roots or branches to the boundary. Nor would a TPO protect you against a claim in negligence for damage to the neighbour's building by the tree.

 

In short, TPOs are to benefit the public. The very last consideration is the benefit to the tree owner.

 

The RHS says Thuja Brabant has ultimate height 4-8m. Maybe tell the neighbour that, and that it's not going to get much bigger.

Edited November 25, 2022 by daltontrees

[Stubby]

Is that your house its next to or the neighbors ? If its the neighbors he may have a point , if its yours you planted it ( albeit in memory of a family member )  too close to your own house .

Edited November 24, 2022 by Stubby