To TPO or not TPO?

[spandit]

In my garden I have an old yew tree. I'm told it's over 400 years old and the trunk diameter is at least 80cm. It obviously predates our house and is a few metres away from it. However, next door consists of a converted cowshed and the tree is no more than 2m from the wall, which I think is showing signs of cracking.

 

Now, I don't want to lose such a magnificent tree but if it were to cause problems with my property, having a TPO on it would prevent me from taking action, wouldn't it?

 

Could they force me to remove it even if it had a TPO on it or would the fact that the tree is older give it precedence over their house?

[Gary Prentice]

If it's TPO'd, any claim that meant it might have to be removed would involve the LPA. Hopefully they'd follow good practice in defending the allegation - along with your insurers, taking the problem away from you.

 

Unfortunately subsidence claims are based on the balance of probability, absolute proof that the tree is the cause is unnecessary.

[spandit]

So should I get a TPO put on the tree?

[Andy Clark]

The Council are unlikely to TPO the tree unless it presents a major asset to the wider neighbourhood. For example, how many people can see the tree? Would it's loss have a major impact on the wider neighbourhood?

 

How obvious are the signs of damage to the cow shed already? TPOing the tree would then pose the Council liable to the neighbouring landowner - and they're not gonna take that liability on lightly.

 

I would be inclined to not panic and knee - jerk, and just wait and see what happens regarding the damage. It may be totally unrelated.

 

If the neighbours approach you, insist they go through their insurance and insist on a proper investigation to be carried out in order to conclusively prove that it's the yew tree that is causal to the damage.

 

In the meantime, get a CAVAT or Helliwell valuation done on the tree, in order to attribute it with a monetary "value".

 

That way, if the tree is, for agents sake, worth £50,000 asset value, and repair of damage is only £10k, you can argue that removal of the tree is disproportionate to the cost of repair, and thus argue to keep the tree.

[spandit]

This is why I ask!

 

I'd presumed being an old tree it might be subject to a TPO - it's visible from the road but not directly next to it.

 

The neighbour hasn't mentioned any damage so might be old and unrelated, just want to be prepared. Hadn't heard of CAVAT or Helliwell, will look that up, thanks

[Gary Prentice]

This is why I ask!

 

I'd presumed being an old tree it might be subject to a TPO - it's visible from the road but not directly next to it.

 

The neighbour hasn't mentioned any damage so might be old and unrelated, just want to be prepared. Hadn't heard of CAVAT or Helliwell, will look that up, thanks

 

If it's publically visible it fulfils one of the criteria for a TPO. You can get a lot of information regarding the soil (in relation to subsidence risk) from the BGS website. A report is under a fiver.

[Andy Clark]

Try also using FCIN12 - http:// https://www.google.co.uk/url?sa=t&source=web&rct=j&ei=wcXEVI3QI4LYaortgIAM&url=http://www.forestry.gov.uk/pdf/fcin12.pdf&ved=0CB0QFjAA&usg=AFQjCNF87wwBuJLcBunQryUraR4A6Pt8dg&sig2=qxEagj9segOmJ1Ek6bJnfQ and try and get a proper age to the tree.

 

As much background history as you can muster will add weight to your counter argument for retention.

[kevinjohnsonmbe]

Could you clarify that "next door" (post ±1) and "the neighbour" (post ±5) which makes it a bit more likely, but not wishing to assume, equates to a neighbouring property that is not in your ownership?

 

Might seem 'picky' but it's easy to make assumptions where only some information is available. (I have a converted cowshed next door, but it's my converted cowshed.)

 

And then the question of the history and means of conversion could be of interest - was it subject to a planning application? Were new footings, foundations, underpinning required as part of the conversion? Was the issue of the tree addressed by LA in the planning application? Has there been a degradation of the tree due to these factors if they occurred?

 

Whilst it may seem like a simple question to ask, there could actually be some far reaching implications if you decide to start down that route.

 

Sorry, no answers! Just more questions!!

[spandit]

Splendid, all good info. I'll get a picture of the tree up when I'm home

[spandit]

Could you clarify that "next door" (post ±1) and "the neighbour" (post ±5) which makes it a bit more likely, but not wishing to assume, equates to a neighbouring property that is not in your ownership?

 

Might seem 'picky' but it's easy to make assumptions where only some information is available. (I have a converted cowshed next door, but it's my converted cowshed.)

 

And then the question of the history and means of conversion could be of interest - was it subject to a planning application? Were new footings, foundations, underpinning required as part of the conversion? Was the issue of the tree addressed by LA in the planning application? Has there been a degradation of the tree due to these factors if they occurred?

 

Whilst it may seem like a simple question to ask, there could actually be some far reaching implications if you decide to start down that route.

 

Sorry, no answers! Just more questions!!

 

I don't know about planning, the farm was sold in the early 50's and has been split up since then so next door is a separate property not in my ownership. When it was converted, I don't know.

 

Here's a picture of the tree, knew I had one somewhere!

 

 

Wheeliebin for scale!

 

You can see the cracks in the wall behind