Extension & TPO Tree Removal

[Mr Underhill]

Hello,

Grateful for any advice as I cannot find a post which exactly matches my enquiry.

Part 1. I Have a large weeping Silver Birch which is located approx 3.5 m from property, the large canopy takes up a vast chunk of the garden, is there any realistic possibility that a council will permit removal of tree to allow use of that part of the garden?  We love the the tree it is beautiful, but it really has taken over and is making back rooms dull and in the summer full of shade in the garden.

Part 2, I am considering an extension in the future to square the back of the property and give us a formal dining room, in normal circumstances probably agreeable under permitted development however I believe the TPO would alter that? Any new wall installed will be less than a meter from the tree, is having a the tree in that location a complete barrier to ever considering extending the property? 

I would assume a wall this close would severely damage tree root system? 
 

I have attempted a (bad) drawing to illustrate location of tree to existing building,  red lines are where any future extension would likely go to. 
 

In have gained permission to reduce the canopy in the past as the branches were touching the property.  I believe the tree to be over 50 years old and circumference of trunk is approx 141 cm.

Edited January 14 by Mr Underhill
Spelling error

[daltontrees]

What part of UK (laws and policies vary)?

[Mr Underhill]

7 hours ago, daltontrees said:

What part of UK (laws and policies vary)?

Sussex

[Dan Maynard]

On 14/01/2024 at 11:06, Mr Underhill said:

I would assume a wall this close would severely damage tree root system? 

That bit doesn't depend where you are, answer is yes. I would guess the birch will die after a few years but hard to be absolutely certain - it might just fall over, 1m isn't a lot of leverage for main roots.

 

Also if you build that close there'll be a thread in a couple of years about whether leaving or removing the tree will cause subsidence or heave.

[Peachy1970]

Overall planning permission will override a TPO. So if get consent to extend including the removal of the tree, permission would be granted, although the local tree officer would be consulted on the application. 

I would not advise to build so close to a large tree as they cause what is known as cyclical movement of the ground due to the removal of moisture from the soil. It is also likely that you would encounter large roots when digging footings which may get damaged or severed, which will be detrimental to the tree and possibly destabilise it.

[daltontrees]

There's a difference between applying to remove a tree because you don't want it and applying to carry out development that will result in loss of (or risk of loss of) the tree.

The former has low chance of succeeding but it depends on the Tree Officer, unfortunately many of them don't care about your living conditions and will stop you doing what you want with your own tree.

The latter has some chance but you might be asked to build the dining room on a ring beam and piles so that the roots under it can be retained and irrigated. It can be done.

You can only ask or apply. There is a right of appeal too, which if you live long enough might get you a different and more compassionate decision.

Subsidence and heave are only really issues if you are in an area of shrinkable clays. They are not widespread in Sussex but there are some. Piling would probably eliminate the risk.

The TPO reguations are clear that permitted development rights do not overturn TPO protection.

 

[Mark Bolam]

This whole TPO next to buildings thing is ridiculous.

 

There is no way a TPO should be allowed on a tree that has grown near an old building, and there is no way planning should ever be granted for a building anywhere near a TPO’d tree.

 

The whole close proximity thing causes nothing but pain.

[dan blocker]

If the wall is going to be less than a meter from the tree the foundation is going to be 100 to 150 mm closer? Any roof facia/ barge/ gutter possibly closer than that. Can’t see it as a good idea to build with the tree remaining.