Help and advice required regards apple tree and subsidence on neighbours new extension

[haltny1977]

Hi All

 

Apologies if this has been asked many times but I need some advice. I live in a conservation area and have a lovely mature apple tree in my garden believed to be around 30-35 years old. It is right up against my fence line. In 2018, when we moved into our home our neighbours were having a new extension built. It has since come to light that at the time they did not have any arboriculture report and stated on their application that there are no trees within the immediate vicinity of the proposed extension. There are no mentions of the tree in the plans submitted by their architect. The tree sits around ten feet from the edge of their new extension. Prior to us moving into the property in 2018, they had previously submitted to have another tree in our garden felled due to possible subsidence in their main house. This was done prior to us moving in but shows they are not oblivious to trees and what they can do. 

We live in South London on clay soil. Last year their new extension started showing big cracks, primarily on the opposite side to where our house is, where there is another large mature tree, also not mentioned in their application or plans. Their insurance company wrote to me telling me that core drill samples had been taken and apple tree roots identified at a depth of 2m. At this point I should mention that our gardens are not flat and level, they drop down from the main house. I have decking and have four steps to get from my decking to the garden below. Their insurance company are now telling me I must cut down my lovely apple tree or risk being pursued for costs, they even submitted a planning application to the local council to have the tree felled, which against objections was approved. I was hoping the council would put a TPO on the tree given the area is a conservation area, but alas they did not. 

According to their insurance companies report the foundations were dug to 1.3m. This doesn't seem deep enough and from previously speaking to someone I was told that had they have had a proper arboriculture report taken, it would almost certainly have recommended far deeper foundations. 

I know insurance companies will always look for the cheapest and easiest way to fix subsidence, but I feel like I am being bullied into removing a lovely, healthy tree when it was the carelessness of my neighbours as to why they are now suffering subsidence. 

Has anyone ever come across a situation such as this? I am informed I cannot appeal the councils decision to allow the tree to be cut down. 

 

Any advice greatly received

 

Thank you

[Steven P]

Seen a few of these posts - very similar - 'neighbours new extension is cracking*, the existing tree is at fault, kill it' - I think the last one was a 150 year old Horse Chestnut?

 

Generally the insurers want to remove all trees everywhere. Generally there is never any mention to compensate the home owner for lack of amenity with the tree going. I suspect a couple of hundred ££ plus full costs would clear up a lot of arguments, be cheaper than pursuing things legally and a lot cheaper than making a proper fit for purpose foundation. [I reckon my apple trees give me say 50 apples a year (and the cows about the same windfalls), organic apples at 40p a shot x 100 £40 a year in apples x 7 years missed harvest while another matures.. about £280 worth of apples lost!]...

 

Might be useful to have a couple of photos to give those with more experience than me something to guess from... but 3m from the extension, and what 8m from the side that is cracking? I'd be wanting to push the insurers for more evidence before a 'much loved' tree is removed.

 

 

* I mean has cracks developing, it isn't a brilliant extension....