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Johnelle

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About Johnelle

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  1. I’ll keep you updated on the 800 yr old building vs 60 yr old leaning tree saga...
  2. Apologies, hard to keep track of who is liable... Intending to apply to work on TPO’d tree and see where that gets us (with a tree survey of course)
  3. Unfortunately as the Council did not tell us they had confirmed the TPO (and their legal team have confirmed that they did not inform us) we have missed the appeal date. Makes me wonder if that means they are now liable?? There was no risk assessment, the TPO was confirmed solely on the basis of amenity. Although the chair stated that we should be told when practicable that we could carry out work to ensure the safety of the tree. But they haven’t informed us of that either. So the Council has not communication with us and we are left with a tree that may be at risk of falling in the future.
  4. TPO was applied having only viewed the tree from the road. From which standpoint the lean is not visible nor the raised root plate. Our main concern has always been who is liable is the tree falls and demolishes the grade* listed building (and obviously the safety of the people in the building). As stated we applied to fell it ( although with hindsight the tree surgeon who submitted our app didn’t stress the safety aspect other than large split branch). Our insurer has been scratching their heads over this - conclusion, get a tree survey, submit another app (can we do that if TPO has been confirmed??). The liability person said that the TPO would be overridden if the tree is dangerous. So where are we now and what do we do? Thanks so much for all your comments and advice - a minefield for the humble tree owner!
  5. Cotswolds Where we have quite a few trees...
  6. This was the view of the tree from the road when TPO served. And when in leaf it blocks the view of the church steeple. This is the basis on which the TPO was served. As to the immediate risk of harm, I take your point. Poplars are grown for wind breaks so it should be pretty stable but it’s the lean and the mound of roots to one side which concern us.
  7. 5 day DDD seems an interesting approach, need a survey first I expect
  8. Very interesting! Will pursue a tree report, we know some of the branches are dead but the root system is a bit alarming... It would appear the TPO was put on purely from viewing the tree from the road and deciding it was an amenity. In a village with many many falls trees. No visit to check its location or state of health. At the moment I think if the tree falls and damages the tithe barn we are responsible - been trying to find out from the insurers but no one rung back yet. It’s not as if we haven’t warned anyone!
  9. That’s happily falling down all on its own… didn’t need to fill in any forms, just getting on with it
  10. Tithe barn is behind the tree. The lean is both to the right and back towards the barn. Nice split in the big branch too!
  11. The offending polar... And thanks so much for all your advice/comments so far. The tree is about 60-80ft with, as you can see, a serious lean. The ground below has risen to form a mound comprised of very large bare roots (8” in diameter) Our main objection is that the lean is towards a grade 2* listed tithe barn. Gov.uk says trees near national monuments should be discussed with HeritageEngland before slapping on a TPO. That didn’t happen either, planning committee not even seen the tree, or TO who only saw its amenity value from the road. Have been advised about judiciary review but can’t afford it... My view? What’s more important - a listed building or an big tree that can be seen from the main road... Any advice?
  12. A provisional TPO was placed on our hybrid poplar in Nov 2020 In Jan 2021 the planning committee confirmed the TPO We, the owners, have never been informed - where do we stand on appeal? Any advice?

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