Tree Preservation Order??

[Moose1978]

Small tree in front garden that I want rid of - approx 15ft in size. I understand that I can contact the planning department at the council to find out if a preservation order on it.

I only bought the house a month ago so would a preservation order have been flagged up by the solicitor?

[nixy p]

The local authority search is one of the extra ones that you can have done in the conveyancing process if you request it. This shows any TPO's. It's not done in the standard searches though. You should be able to find out really easily from the local authority.

[skilly1]

Pretty hard for them to make you put it back up. Once you alert them to the tree they may put an order on it which did not exist before.

[nixy p]

if you want to risk the chance of a 20k fine........

you may find this link useful

http://www.direct.gov.uk/en/HomeAndCommunity/Plann...

Edited by nixy p on Tuesday 9th November 13:25

[Jobbo]

nixy p said:

The local authority search is one of the extra ones that you can have done in the conveyancing process if you request it. This shows any TPO's. It's not done in the standard searches though. You should be able to find out really easily from the local authority.

The existence of a TPO on a property is part of a standard local authority search result, not one of the optional extra enquiries. Local authority search is pretty much *the* standard search required on a purchase; any mortgagee will definitely require it.

A mere 15ft tree, though? Surely very unlikely to have a TPO on it.

Edited by Jobbo on Tuesday 9th November 15:27

[nixy p]

mm really? Well in that case there should be no worries - get it lopped down!

[Spudler]

Is your house on a newish estate? if it was planted by the developer you might not have a choice, your Landscape officer will enlighten you on this. If the trunk is more than 75mm (iirc)you'll need permission, so get in touch with the LO.

[monthefish]

skilly1 said:

Pretty hard for them to make you put it back up. Once you alert them to the tree they may put an order on it which did not exist before.

So don't alert them to the specific tree.

Send a letter, recorded delivery, to the Council asking them to confirm if there are any TPO's in force in the area in the enclosed map (and enclose a map showing the area couple of miles radius around your property, but do not mark your house on the map obviously). Request a response within 2 weeks and do not write from your own address.

I would suggest that, in this case, 'asking for forgiveness is not better than asking for permission'

[Moose1978]

no, not a new estate, house was built in '75.

I would guess that the trunk is approx 45cm in diameter.

Solicitor did not mention that anything had been flagged during the searches

[anonymous-user]

Whats the reason for wanting rid?

[netherfield]

If they say no,whack some copper nails in to it.Then when it looks sick ask again.