Preservation Orders on Tree's?

[stevieb]

You need to check with the local Authority if there is a TPO on the trees first. If so then i very much doubt you will be able to get permission to cut them down..

You will also need planning permision to lop and trim them.. But a Rusty nail is a big No No..

[Glassman]

How small is the garden and how big are the trees?

If they're too close to the house they could / should have been picked up in the HB report.

[stevieb]

W4NTED said:

Is there a limit on how much they can be trimmed?

you need planning permision to do anything to the tree, well my neighbours do when they have to trim the tree..

How can you be so certain there is a TPS on the tree?? The builder states there is have you got written confirmation form the council.

When we purchased our house the Solicitor stated that there are trees within your boundary that are protected by TPOs but when i checked with the council online search tools and got this clarified by the council officer he confirmed that there were no TPOs for trees in my garden.

[BliarOut]

I believe the fine for breaking a TPO is £2k per tree..... If that's correct he just has to decide if it's worth £4K to make the modifications he wants

[BliarOut]

Bugger, a fine of that level makes it a bit less appealing :

[stevieb]

W4NTED said:

Bro's checked with the council and they have confirmed that the 2 trees are under a TPO.

To cut down - The fine is £20k per tree and then they need to be replaced with similar type/size of tree

feck me I think he should walk away as the garden is small enough as it is - having two trees cover all light aint a good idea...

The council said they cant say over the phone whether the tree can be pruned as if it is not in a good state of health they may not allow it to be cut back too much!

I dont know when the house was built but from what you have said before if the tree is 4m away from your house, it could lead to some structural problems later on.. Best avoid to be honest.. find a house nearby without the hassle!

[drivin_me_nuts]

TPOs are taken very seriously. There is a case going on in Brighton at the moment where a developer cut down a number of TPOs and it looks like they are going to be taken to court over it. From what I have read the courts take a dim view over the subject of 'destruction of national heritage'..

[JustinP1]

stevieb said:

W4NTED said:

Bro's checked with the council and they have confirmed that the 2 trees are under a TPO.

To cut down - The fine is £20k per tree and then they need to be replaced with similar type/size of tree

feck me I think he should walk away as the garden is small enough as it is - having two trees cover all light aint a good idea...

The council said they cant say over the phone whether the tree can be pruned as if it is not in a good state of health they may not allow it to be cut back too much!

I dont know when the house was built but from what you have said before if the tree is 4m away from your house, it could lead to some structural problems later on.. Best avoid to be honest.. find a house nearby without the hassle!

Agreed.

The structural problems actually get worse should you cut the tree down. As the roots lose their moisture they contract leaving the foundations/soil to subside into the void left...

[stevieb]

W4NTED said:

The house is actually still under construction and is due to complete in December. Bro has questioned the trees and subsidence but they have assured him that they have taken that in to consideration to strenghtn the foundations - but how can we believe that!? I mean the builder can say what they want....I personally lost trust when he took me to the site, i questioned the tree's - the site manager said just cut them down, no one will ever find out!

I beg to ask why the council allowed planning permision with the house being so close to a tree with a TPO.. I think a can of worms is opening here... My local authority will not allow the construction of a house within a certain radii of a large tree or a tree with a TPO. Of the top of my head it is 10m..

But the question here is has the building of the foundations disrupted the roots of the tree? and hence weakened the root system thus making it more likely to fall when in strong winds etc.

[IRM]

this happens to be my area of expertise

send me some details/pic preferably or the approved site layout plan (autocad or pdf)

tpo is a public register so you can visit the council offices at any reasonable time and view it,
its a charge to the land so it will on the land/house deeds

subs may be, depends what the soil is, sand or sandy soil doesn't matter a shit where the tree is

is the builder nhbc registered as the foundations will need to be correct for the 10 year warranty

is the tree protected during the works in accordance with BS 5837:2005??

if it is/they are to be retained it/they should be if not why not

trees can take up to 10 years to die, by which time he who did it will have fcuked off and you'll be left with a potential problem

these are just a few of the things that immediately sprung to mind

Edited by IRM on Tuesday 25th September 14:20

[IRM]

W4NTED said:

IRM and others - thanks for the input - it's too much hassle so he's decided to walk away from this property. The builder is NHBC registered and is part of the Try homes group..

you're welcome

fines wouldn't be £20 000 its up to, most householders get a level 4 and a re-plant notice, developers have been known to get higher particularly if the loss of tpo'd trees makes a significant difference to the layout ie they get more plots on - perish the thourght a developer would do that,
fines did only used to be £2500.