Tree preservation order
Discussion
at the side of my house I have:
a dying hawthorn tree
a tall ash where the branches are brushing my house
2 further sycamores and and another ash that are blocking a lot of light and dangerously tall next to the house
so my local tree surgeon came and put in an application to cut them down (as we are in a conservation area), and replace with a fresh row of more manageable privacy trees.
the parish council came and inspected, and they agreed it would work and supported my application.
Today I've received a tree preservation order on all of them
great.
After reading the detail, it just provisional and I have 6 moths to challenge it.
whats the best way to do this?
If I need to hire a professional, whats the type of professional I need?
a dying hawthorn tree
a tall ash where the branches are brushing my house
2 further sycamores and and another ash that are blocking a lot of light and dangerously tall next to the house
so my local tree surgeon came and put in an application to cut them down (as we are in a conservation area), and replace with a fresh row of more manageable privacy trees.
the parish council came and inspected, and they agreed it would work and supported my application.
Today I've received a tree preservation order on all of them
great.
After reading the detail, it just provisional and I have 6 moths to challenge it.
whats the best way to do this?
If I need to hire a professional, whats the type of professional I need?
Have a look here
https://www.gov.uk/government/publications/tree-pr...
As you would be engaged in a quasi judicial procedure and seeking to persuade someone to change a decision, I suggest that the appropriate type of professional would be a lawyer. Richard Buxton is a solicitor specialising in environmental law, although he is mostly trying to save trees rather than chop them down. I have a colleague in my chambers who does a lot of that sort of thing too. Also try direct access junior counsel at Landmark Chambers.
https://www.gov.uk/government/publications/tree-pr...
As you would be engaged in a quasi judicial procedure and seeking to persuade someone to change a decision, I suggest that the appropriate type of professional would be a lawyer. Richard Buxton is a solicitor specialising in environmental law, although he is mostly trying to save trees rather than chop them down. I have a colleague in my chambers who does a lot of that sort of thing too. Also try direct access junior counsel at Landmark Chambers.
Lesson number one. Never, never, never let the local planning know that you are contemplating work on trees in your garden, until you have checked out QUIETLY the situation regarding TPO’s. This isn’t the first time I’ve heard “well the trees didn’t have a TPO on them, but they have now !!!”. I’d wait until a very windy day, and say they got blown over !!!
similar happened to our neighbours, altho they hadnt applied for work on the trees as such, they applied to put three houses at the back of the garden, 4/5 residents then had the TPO added to some 70+ yo oak trees. while its nice to have 3 monster oak trees in the garden next door its NOT fun when it adds 20-30k + to our extension.
We have just had a tree surgeon in to cut them back to border, the council were a pain tho and while the tree surgeon wanted to do a complete crown reduction the council (Castle point-Essex) would only allow the trimming of overhanging branches. Our TS dealt with the council as he said he knows what they want to hear ( well that was wrong i guess).
We have just had a tree surgeon in to cut them back to border, the council were a pain tho and while the tree surgeon wanted to do a complete crown reduction the council (Castle point-Essex) would only allow the trimming of overhanging branches. Our TS dealt with the council as he said he knows what they want to hear ( well that was wrong i guess).
Steve57 said:
similar happened to our neighbours, altho they hadnt applied for work on the trees as such, they applied to put three houses at the back of the garden, 4/5 residents then had the TPO added to some 70+ yo oak trees.
Our local Town council is trying that one to premp a developer putting 150 houses on a plot. NIMBY barstewards. The 'estate' would be an infill extension of the last 2 estates built at adjacent angles 40 years ago, but the locals homeowners don't want new housing. Hypocrites is a good word.
Had a similar experience after planning application to develop land to the rear of a bungalow. Council put TPO on mulberry tree that would have restricted development and site access an basis that it was one of the oldest mulberry tress in the country.
After employing several arborculturists (usually previously employed by a local authority) they concluded that I would just have to accept the TPO and accept not being able to develop the site.
Eventually found
https://www.jcaac.com/
Jonathan Cocking Associates, very knowledgeable and advised exactly how to proceed, well worth the expense.
Tree was actully 45yrs old and TPO had many glaring errors in its assessment.
Usual disclaimer no convection with company recommended apart from being a very satisfied customer.
Looking at OP profile they may not be that far away from you. HTH
After employing several arborculturists (usually previously employed by a local authority) they concluded that I would just have to accept the TPO and accept not being able to develop the site.
Eventually found
https://www.jcaac.com/
Jonathan Cocking Associates, very knowledgeable and advised exactly how to proceed, well worth the expense.
Tree was actully 45yrs old and TPO had many glaring errors in its assessment.
Usual disclaimer no convection with company recommended apart from being a very satisfied customer.
Looking at OP profile they may not be that far away from you. HTH
TPOs are not the end of the world, they're just paperwork to deal with.
This page tells you pretty much everything about:
https://www.gov.uk/guidance/tree-preservation-orde...
- read down to the bit about 'exceptions' to find out what you can do ...fairly easily.
As for hiring people - your tree surgeon/arboriculturalist should be able to do it all.
This page tells you pretty much everything about:
https://www.gov.uk/guidance/tree-preservation-orde...
- read down to the bit about 'exceptions' to find out what you can do ...fairly easily.
As for hiring people - your tree surgeon/arboriculturalist should be able to do it all.
One of my parents neighbours did the old enquiring about trees on his land which prompted the council to slap preservation orders on them. Some years later my parents sold their front garden which contained a lovely 150 year old Monkey Puzzle which definitely didn't have an order on it. A surveyor happened to mention to the new owner of the land that they were surprised the Monkey Puzzle wasn't protected and that was it and the thing was down that afternoon.
I'm no tree hugger but I thought that was tragic especially so as there were no plans to get rid of it, but just the possible threat of being stuck with it basically condemned it.
I'm no tree hugger but I thought that was tragic especially so as there were no plans to get rid of it, but just the possible threat of being stuck with it basically condemned it.
robinessex said:
Lesson number one. Never, never, never let the local planning know that you are contemplating work on trees in your garden, until you have checked out QUIETLY the situation regarding TPO’s. This isn’t the first time I’ve heard “well the trees didn’t have a TPO on them, but they have now !!!”. I’d wait until a very windy day, and say they got blown over !!!
This. The penalty is two grand a tree in a conservation area. Take them off at the base, rather than having years of grief and expense fighting the council for permsission to chop the odd branch off. Once you’ve got a TPO on it, that’s a whole new world of hurt.It might be that the Council have just put an 'emergency' TPO on to stop you chopping them down before they know what the quality or contribution of the trees are. Sycamores are generally self seeded weeds unless really fine examples, and if as close to the house as you say then you might have a case?
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