Apologies in advance for this rambling post, but please bear with me - first post and all. I'd also like to say that since I started considering a planning application in a small amount of woodland we own in our garden this site has provided some excellent info...
On with the ramble then... As above, I have recently submitted a planning application for a house (for me and my family to live in more sustainably rather than simple development profit i'd like to add...).
Prior to the application we felled 3 trees that would likely have been served with TPO's had we not done that, which would then have put paid to the whole thing. So whilst not particularly proud of that point we felt it a necessity personally to ensure that our application could move forward. Note that now our application is in we have been served with an emergency TPO (area order) that I'm partially appealing as we do want to retain as many trees as possible & will include a re-planting scheme both for amenity value and screening in yrs to come. However there remains 1 tree that ideally needs to come down & could cause us a problem if it doesn't. I'm arguing that it is in a dangerous condition. The tree has also been noted by our local TO that served the TPO as showing signs of decay, a point which has been backed up by an arboriculturist who came to price up a quote for a BS5837 survey.
The reason why this tree is in a dangerous state is not particularly the decay mentioned above, but that it sits on the bottom of a slope with a lot of the bottom side of its root system now exposed. This has presumably been caused by yrs of rainfall coming down the slope from the woods above & washing the soil away. So the tree is effectively sat with a lot of its root system out of the ground and if it falls it will only fall one way, into the neighbours house. That same neighbour despite being wary of this tree for the past few yrs & expressing their concerns to us, as owners of the tree, has now objected to our plans on several grounds, one of them being that they don't feel that the tree in question needs felling and it may just benefit from being reduced and thinned, weight off etc... My belief is that they believe that retaining it will effectively scupper any access to the planned site & therefore trash our application, which it quite possibly will...
Anyway, to finally get to the point... If this tree has to be retained/thinned etc. instead of them allowing us to fell it, then would it be feasible to build our access drive adjacent to the tree by means of building the soil back up around the exposed roots and then providing a cell confinement system as part of the driveway system. The far side of that built up driveway would be supported by 1-2 layers of gabions, which I believe are acceptable to use within RPA as they don't need a substantial foundation system...
Hope all that makes sense...