TPO Placed On A Tree After Submitting Plans To Council

[SLIK]

Need advice. I submitted plans to demolish and rebuild a house in Dec 15 which inc. removal of a large Monterey pine with no TPO (9 meters from the front of the house) which caused severe subsidence. My architect (based on conversations he had with the planners), advised we provide an Arboricultural and a Structrual Engineers report stating the damage the tree has caused to the house justified its removal. In Jan I was given a temporary TPO on the tree. I phoned up the tree officer who stated she placed the TPO as:

The tree has a high amenity value. (Its on the end of a private road / visible by 4 houses!).

The subsidence is probably due to poor foundations and by rebuilding we eliminate this risk.

Wanted to see proof that the house had been underpinned and that it is not insurable. I was informed the previous owners pocketed the money and never carried out the work.

She therefore believes the current tree can be incorporated as part of the design of the new house.

 

I told her:

 

1: The previous owners did try to push the house back to incorporate the tree but planning was refused as it interfered with one of the neighbours 45 degree site lines at the back.

2: This point was also brought up by the planners during the pre planning meeting with my architect, which is why we didn't push the house back but asked for the tree to be taken down.

2: I also presented her with an email her department had sent to me (prior to me purchasing the land) asking if the tree could be removed to which they replied it could be. I told her that if the tree had a TPO or if I didn't have written confirmation I would never had bought the plot based on the previous refusal to push the house back.

3: Getting the house insured will be a real issue given the history of the tree and its close proximity to the house.

4: The front garden is south facing and the tree blocks a lot of the natural light coming through which questions the amount of light and sun that enters the property.

5: Several council approved tree contractors have said the tree has overgrown the site, is interfering with the trees beside it and it is too late to manage it. More importantly it has a co-dominant trunk which makes it weak and more likely to fall over due to its height and size.

7: I was prepared to plant a replacement tree.

 

The only thing she was prepared to do is allow a couple of large branches which are touching the house to be removed.

 

I know you guys are screaming at me saying why didn't you chop it down before! I acted on my architects advice of my architect and the advise he was given by planners.

 

So I am now in the position where I can't push the house back or remove the tree. I now need to find the right approach and arguments to put forward on the objection/appeal notice that I need to submit to the council.

 

Can anyone advise or share their experiences on the best way of handling the mess I am in.

[AA Teccie (Paul)]

I would suggest you need to engage the services of a competent arboriculturist / arboricultural consultant (with experience / expertise in the planning / TPO field) very quickly.

 

Regards..

Paul