Ash tree upsetting drive

[daltontrees]

Hi everyone. As pictured, an ash tree 3 metres from the customer's house and about 10cm from the customer's drive. The customer's drive is actually raised by around 10 inches where the ash roots are lifting it. I have put in an application to fell said tree (it has a tpo) however this work was denied permission. The council recommend the drive is built up higher with tarmac to create a smooth bump. My customer is very upset. Would you appeal against this decision and if so how would you go about it? or is there no leg to stand on? I would be interested to hear any opinions!

joe.

 

I personally don't think an appeal would get very far.

[Chris at eden]

I wouldn't bother appealing unless you have got the application right in the first place. You cant just say I want to fell the tree because it is damaging the drive. That is only one solution. You would need to identify a number of engineering and arboricultural solutions, evaluate each and select and justify the best option. That may or may not be felling.

[benedmonds]

I would sick an appeal in, the drive is only one issue. That tree is the wrong species in the wrong place, fell it and replant with something more suitable..

[daltontrees]

Hi

Could cause damage, and is causing damage are two different things. Could cause is irrelevant, as is which was there first, tree or house.

 

The tree can't be a nuisance to its owner, so you couldn't rely on the exception in the Regs. to do the work.

 

Apply to prune the offending root so the drive can be re-laid. Or you could try an appeal, they don't cost anything other than time.

 

Or as has been suggested, lay a gravel drive.

 

Ed

 

Costs could be awarded against appellant if the appeal is fndamentally unreasonable. I expect you know that, but the OP might want to proceed cautiously.

 

Breaking out the concrete and laying membrane plus gravel would be worth considering. Would save that root having to reach over 5 metres before it finds air water and nutrients.

[arnoldbuchsassinger]

Tell them to appeal to Bristol City Council, they always go against the council decision, done it several times, cellweb and all that stuff is a waste of time, tree is now too big for location, lets look at the risk of failure

[Gary Prentice]

Tell them to appeal to Bristol City Council, they always go against the council decision, done it several times, cellweb and all that stuff is a waste of time, tree is now too big for location, lets look at the risk of failure

 

I usually appeal to the Planning Inspectorate, who seldom seem to go against the council decision.

[Mick Dempsey]

I would sick an appeal in, the drive is only one issue. That tree is the wrong species in the wrong place, fell it and replant with something more suitable..

 

Agreed, it's crazy to let an ash like that remain so close to a house.

I also hold no truck with the "the tree was there before the house" school of thought.

[Gary Prentice]

Agreed, it's crazy to let an ash like that remain so close to a house.

I also hold no truck with the "the tree was there before the house" school of thought.

 

Any particular reason why the tree is too close to the house?

[Mick Dempsey]

If you're asking me about how this tree came to be so close to the house.....

IME what often happens is a householder (or even two in a row) living in a property for a few years, allows a tree to get too big because "they love trees" or summat.

Then all of a sudden the TO slaps an order on it in an effort to save the planet, causing nonsensical situations like this.

[Joe Newton]

I think Gary was challenging your opinion that the tree is TOO close to the house.

 

That question will always depend on who you ask, and the owners opinions towards trees.