Overhanging Tree - Conservation Area

[bad company]

Sorry if this has been done before.

As the title suggests I live in a conservation area and one of my neighbours trees has grown very high to the point where it’s blocking the sun from the patio. I’ll obviously discuss it with the neighbour but I’d like to know the legal position first. As can be seen from the photo the tree overhangs by several feet.

Edited by bad company on Thursday 9th August 20:52

[anonymous-user]

I live in a conservation area and there is a blanket TPO

This means I can't do any work on established trees without permission.

[bad company]

desolate said:

I live in a conservation area and there is a blanket TPO

This means I can't do any work on established trees without permission.

Yes, I’m in the same position. I even have to apply for permission to prune my trees.

The difference now is that it’s not my tree.

[anonymous-user]

bad company said:

Yes, I’m in the same position. I even have to apply for permission to prune my trees.

The difference now is that it’s not my tree.

It doesn't make any difference to the work you can do.

[Mercky]

As you're American, it doesn't matter, just chop the f4cker down.

[Truffles]

I have a very similar situation. Having been through a few hoops, here is my suggestion:

1. Keep your neighbour on board. Whatever happens you will need his assistance.

2. You need permission in view of the TPO. It is easy to apply for this - there is no charge. You need to explain what you want to do so agree things with your neighbour. The council will look at the whole tree rather than just the overhang into your property. If you want to prune back your overhang, the same needs to be done on the other side of the tree. Give your neighbour a copy of the application form and a copy of any grant letter - the Council does not need to send it to him.

3. Arrange for the work to be done, and make sure the tree surgeon has the paperwork so he knows what he is permitted to do. Do not expect the neighbour to pay anything unless he offers. He isn't the one who wants the work do; it is for your benefit not his. Also ensure that your neighbour knows when the work will be done and allows access into his property.

Hope all goes well.

[PAULJ5555]

So you were out one day and the dam gardener has only gone and cut back the tree.

Well who is this gardener, Paddy he lives in a caravan at the local traveler site.

Maybe they have their uses.

[terry tibbs]

in a conservation area you give notice of your intent to undertake works

it used to be called a 211 notice (tcpa 1990 section 211)

go on the council's web site search tree applications should be a link and complete the form

alternatively go on the planning portal register and do the same

the council does one of three things, ignores you then after 42 days get on with works, visits site and then writes to you saying they have no objection to the works and you've got two years to do them or, visits site and puts a tpo on

if they put a tpo on you have 28 days to object but you still need to apply for permission for what you wanted but you now have to state the reason why

you don't need an interest in the site but you may need the owners permission to do the works

simple

link to some stuff that may be of interest

https://www.gov.uk/guidance/tree-preservation-orde...

[killerferret666]

I have a tree with a TPO at the end of my garden and its a large Oak tree. When i moved in, a neighbour mentioned about light it blocked (not moaning) so i said I'd look into getting council permission and got it and let them know that it could be cut back but not removed etc...

They thought id then get the work done, I got a quote incase it was cheap but it wasnt at £600 for a crown and other bits. I explained the tree was causing no damage and fortunately no issues for me but I was happy enough to let them get the work done on the tree if they wanted.

I also explained this tree has been here 50 years+ and it would of been a similar size for the last 10 yrs so this just hasn't become a problem, the only change is a new neighbour who owns it. From speaking to the other neighbours they tried to get the old lady before to have work done on it and that didn't happen either. That was 6years ago now so couldn't of bothered them that much.

Luckily not as big in your case, but they do just keep growing every year and cant be just trimmed back so if its bothering you, leaving it will just get worse.