Help Re TPO

[armybloke]

The tree (apprx 40 years old) is on the boundary with my neighbour, who would also like to see the tree down as it is very close to her property. The canopy is overhanging the corner of her house.

She has sent an objection to the TPO previously, but has not received any acknowledgement to her letter.

The tree is currently lifting my neighbours concrete drive and my understanding is that although I cannot fell the tree I am still liable for any damage that the tree may cause. This seems very unfair.

I have another beech of a similar age on the boundary with the road, but have received no TPO for this, so it makes me all the more convinced that the TPO is motivated by a desire to frustrate any future planning application rather than to protect one copper beech amongst many other trees along the road, none of which have TPO's.

Once the TPO is confirmed by the council, do I have any right of appeal?

If the TPO expires again, can I legally fell the tree?

 

As has been suggested now, the right thing to do is get a professional to provide a comprehensive report on the tree, physiological and structural and it may prove that there really is a reason to fell - if that is warranted and all other options have been explored.

 

Overhanging trees can be pruned, lifting concrete (really concrete?) can be relaid and engineered not to upheave again. There is a solution for development around pretty much every tree so 'wanting a tree removed' is not a good reason and any reason really needs lots of evidence to substantiate it (in my experience).

 

A TPO does not 'expire' I'm afraid to tell you. A TPO is removed when a tree is removed, but in most cases the TPO is transferred to the replacement tree.

You can appeal in the duration allowed.

 

You will find this link VERY useful. http://planningguidance.planningportal.gov.uk/blog/guidance/tree-preservation-orders/

 

Keep the forum posted on how you progress because I am sure it would apply across many situations in life. Also a few pictures would be good to appreciate your situation.

Edited October 4, 2014 by armybloke

[isdesigns]

Thanks Armybloke,

 

I will have a go at uploading a picture.

 

Yes, it is a concrete drive that was laid in sections and now has cracked and lifted in several places due to the roots

[isdesigns]

Hope I have just included two photos taken last feb when the TPO first started.

The house is my neighbours and the branches are now touching the house.

Access to the site is to the right of the photo and the drive would run parallel to the hedge and therefore under the canopy of the tree.

[armybloke]

I look at that picture of the fractured concrete and think 'a tree did not do that'. Shame the tree is not shown in relation with the driveway. It appears that the slab has either sunk towards the garden or lifted slightly towards the hedgerow. I would be interested to see the camber of the drive as it slopes towards the garden (stone edging) as I would not rule out something heavy sitting on the drive sometime in the past and rocking the slab inwards. Do you know what gives the game away slightly is that the kerb edge in the hedgerow where the concrete slab has lifted does not appear to have moved with it. If anything that kerb is lower than the rest making me think it dropped down when the slab lifted from the garden side.

In the grand scheme of things, that driveway is repairable, the tree can be retained and managed away from the property sufficiently that there is no conflict or a foreseeable nuisance.

The Beech is an early mature specimen and undoubtedly the roots have explored the garden but the open space is prime feeding ground!

There you go, you have had some 'free' consultancy and the tree remains intact! (Caveat - I would need to see the tree to offer a valid opinion of course!)

Leaf litter is seasonal, shade transient and the benefits of having a tree in proximity has countless benefits;

Increases house value

Humidity control

Shade when you need it

Tranquillity when in need of peace

Habitat for wildlife

Mulch (leaf litter) for the garden

Hydrology control - think of it as a sponge in periods of rain = reduced likelihood of flooding

Kids climbing frame - free!

Kindling for your log fire

Wind deflector when everyone else's tiles are flying off their roof!

SOLD?

[daltontrees]

"I look at that picture of the fractured concrete and think 'a tree did not do that'."

 

That was my reaction too before I read armybloke's splendid appraisal.

 

I would add that the crack is in the middle of a section of concrete that is possibly too big not to have an expansion/movement joint in it. Right about where the crack is would have been a really good place to put one.

 

There is no way (in my opinion and without the full benefit of inspection) that this crack can be attributed, (without further very destructive investigation, so destructive that a new driveway would be needed to reinstate the investigations) beyond reasonable doubt (or even on the balance of probabilities) solely or entirely to the tree.

[daltontrees]

By the way, I think the ivy on the Beech stem can just be seen top right on the second picture.

[isdesigns]

Hello armybloke and dalton trees,

 

Thanks for the feedback.

 

I tend to agree that the slabs for the drive are too large and it could be argued that this has lead to the crack in the middle shown in the photo. We have lived at this address for about 28 years, and the neighbours drive was laid before then so it has not done too badly

 

I trimmed the ivy back last year which was growing up into the tree.

 

Incidentally I have contacted my home and buildings insurer (Llyods) and checked my policy documentation which specifically states

 

"what is not covered

 

Loss or damage

To garden walls, fences,gates,paths, drives, patios, terraces..............etc"

 

So it appears that the imposition of the TPO makes me personally liable for the damage to the neighbours drive if they choose to argue that the damage was caused by the tree, that I am unable to do anything about.

 

I have heard nothing from the person that I contacted from the list I was given (who shall remain nameless), so I will try the next closest.

 

Thanks

 

Ian

[landrover 101]

Actually proving you are liable and the driveway damage was caused by the tree isn't going to be easy or cheap for your neighbour though is it, especially with the informed responses you have in this thread that all think the tree is not the cause

 

If the driveway isn't reinforced then that is probably the cause of the crack on such a large span of concrete

 

Can you see the depth of the concrete down the crack, I would lay a minimum of 6-8 inches with reinforcing on that and it would stand up to most stuff then, have they had a delivery at all in a wagon which has backed onto the drive, probably weakened it put a hairline crack and the weather has done the rest with expansion and contraction especially if it is only thin concrete with no reinforcement

[isdesigns]

Hello Landrover,

 

Thanks for the posting.

 

I do accept your observations, and would certainly argue strongly concerning the cause of the damage if the situation of a claim against me arose.

 

The point however remains,, that the tree is too big for its proximity to the house, and will need removal at some point in the future. I think the tree has a lot more growing to do if left alone.

 

Its about a planning application, and nothing to do with the tree.

 

Their are lots of trees along the road, and this is the only one they have put a TPO on.

 

We have 800 year old Yews in the churchyard no TPO's despite asking.

[fagus]

+1 for the tree is innocent re the drive.

 

Churchyards are covered by Eccleastical law and are usually deemed by LA,s as having controls of their own and more expertise at their disposal, more than Joe or Josy Public in these matters.

 

The church is will be likely listed and the trees and environs have to considered with that i.e any work that could affect the setting of the listed building has to be notified.