Tree root questions

[Kevcal]

Hi guys, I am not up on all aspects of tree law so any info would be great. I have put in a app to carry out tree work on group of tpo trees and waiting to hear back, this part is fine - but I have just been made aware that car park under the trees is been re-tarmac. They have plans to remove some of the roots that are pushing through the old Tarmac and I don't know if they will have needed to apply to do this. My issue is that the trees are big and the root on 1 side hits a wall after a very short distance, so the roots on the car park is the main anchor point.

[geoff]

If the trees have tpo's then absolutely an application will need to be made, could prove interesting.

[sloth]

If the trees have tpo's then absolutely an application will need to be made, could prove interesting.

 

 

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[Ruskins Trees]

TPO/CA/Planning Condition, protects every leaf, every root and the environment of the tree (it's rooting area).

[geoff]

Good post Ruskins.

[Kevcal]

That's great guys ty for the info and we may have just saved 5 large horse chestnuts and the company a fine. Plus I am down to climb the trees in the next 3 month.

[Paul Barton]

If the roots are damaging the existing surface, pruning them in order to re-surface with new tarmac may be exempt: Exceptions relating to applications to carry out work on trees subject to a Tree Preservation Order | Planning Practice Guidance

[Chris at eden]

If the roots are damaging the existing surface, pruning them in order to re-surface with new tarmac may be exempt: Exceptions relating to applications to carry out work on trees subject to a Tree Preservation Order | Planning Practice Guidance

 

This would depend on the situation. I.e. Not if the car park is under the same ownership as the trees. You can't claim actionable nuisance against yourself. That would still be application.

[Paul Barton]

You can't claim actionable nuisance against yourself.

 

Well I never knew that! Not that I doubt you, but can you point me to a source for that info?

[Paul Barton]

A quick bit googling suggests that the reason you can't claim nuisance from your own property is that it is part of the law of tort, which by its nature requires a claimant and defendant. Thanks for putting me straight Chris!