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Dying ash under TPO hanging over property


nick9one1
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Hi all,

 

My property backs onto a conservation area in Nottinghamshire which is predominantly Ash. The land is managed my Nottinghamshire Wildlife Trust, who I've emailed a couple of times in an attempt to prompt them to cut back or remove the tree. They recently had an arborist fell a few trees in the conservation area but unfortunately not the one that overhangs my property. 
The tree in question has dropped a few of branches from the canopy over the last couple of years so I'm concerned that it may cause some damage if one hits a person or shed etc. 
After the recent work the trust have closed the footpath's that run through the conservation area, putting up signs that say it isn't safe due to the trees being badly affected by ash dieback.
My thoughts are that if it isn't safe to walk under the trees, then it surely isn't safe to be in my garden under the same trees?
A couple of weeks ago I emailed them a second time making this point but I haven't had a response. 

I has a quote for £950 from a local arborist to remove the overhanging tree. - This was before I was aware that the tree was under TPO and would need additional approval, risk assessment etc. from the trust. 
 
Ideally I want the trust to send their own arborist to remove the tree at no cost to me. But it feels like I'm talking to a brick wall. 

Does anyone have experience or thoughts on what I can do next? 
Maybe I can hire an Ash specialist to create a written report that I can present to the trust? 

2nd image below shows the branches that have died and fallen

3rd image is along the fenceline with my property on the left, showing how much the tree is leaning over the boundary. 

Thanks!

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13 minutes ago, woody paul said:

Maybe worth getting the arborist how gave you a quote to write a letter of concern that you can send. 

Or try and talk to a warden if there's one.. 

 

Via letter never email, preferably with a solicitor.

 

As it's not your tree, you're advising them you will take full legal action should any damage occur including to your boundary fencing etc.

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Thank you.
I will look for a local arborist and ask them to provide a quote for removal and write a report on the state/risk of the tree causing damage. 
Then I will write a letter as suggested. 

Would I also be wise to contact my home insurance company?

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I would phone them rather than email and ensure you get the name and number of someone senior to speak to. Down here each reserve has a single person responsible so it would be worth asking for their name and phone number.

 

It may just be the photos but the branch doesn't look too big to me.

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Thanks. The tree itself is easily twice the size of a two story house and the largest branch that has broken off (so far) is about 5 inches in diameter. The person at the trust that replied to my email did give me his name. 

 

Edited by nick9one1
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I contacted a local arborist I found on https://www.trees.org.uk/ARB-Approved-Contractor-Directory.
They have told me they can quote for removing the tree but aren't qualified to produce a tree report. And I should contact Chris Barker at CBE Consulting if I would like one. 

I was expecting a tree report to be something pretty simple, such as 'In our opinion the tree is unsafe .. etc.'.
Do I need a tree report? 

 

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32 minutes ago, nick9one1 said:



I was expecting a tree report to be something pretty simple, such as 'In our opinion the tree is unsafe .. etc.'.
Do I need a tree report? 

 

Yes that would probably do, had customer put an application to council and they have said need letter from arborist to confirm condition of tree or tree's.. 

Emails are best to keep a note what ever party involved has said if it does get nasty. 

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We also need to bare in mind this is not your tree!.

 

Whilst it's nice doing something for them, if it was me I'd make a example out of you trespassing and effectively doing criminal damage if you felled it.

 

We've given you ways to communicate with them, a further option would be the council tree officer.

Edited by GarethM
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