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Has anyone had a tree on the pavement pruned? Bizarre situation with the county council!

22 replies

OddFodd · 09/09/2014 14:10

There is a massive tree outside my house which is really overhanging my garden. I contacted the council to ask them to prune it and to give advance notice (they came 2 years ago at my request and only cut two low branches off as there were - unsurprisingly - cars parked under the tree so they were worried about damaging them).

So now they've come to have a look, agreed that it needs pruning and say that they will give advance notice of the work so that they can get to the tree. So far, so good. But they say that they won't cut off any branches overhanging my property as that's my problem, not theirs.

Surely no respectable tree surgeon will come along and prune the tree except for the half overhanging my garden will they? It will look utterly bizarre and lopsided! Or should I get someone to just cut the tree back like a wall in line with my fence? And I can't do that really without risking damage to parked cars but obviously I can't put up an official notice asking people not to park thereConfused

Has anyone ever been in a similar situation? I was wondering if I could pay the contractor a bit more to cut my 'side' of the blasted thing back at the same time or would they laugh in my face?

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mipmop · 09/09/2014 14:23

I'd ask the council's tree surgeon to do it- if you can catch them as they arrive for the job and explain that you prompted the job being done because of [whichever branches] they should do it all really. I wouldn't offer money initially, get a feel for the tree surgeon's opinion first. They will hopefully just want your permission to allow access / tidy up dropped branches etc. Otherwise offer money or threaten them with a dodgy DIY job to tidy up the section overhanging your garden off they don't do it. Could there be stability issues if they only cut one side? It sounds like a lot overhangs your garden.

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OddFodd · 09/09/2014 14:43

The tree surgeon who came to have a look told me he wasn't allowed to cut the branches overhanging my property and the council have confirmed that to me over the phone. Hmm ... at least I'll know when he's coming and can try and bribe him with tea if not crisp notes ...

I hadn't thought about stability issues but yes, I presume so. We're on the coast too so it gets fairly breezy here.

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mipmop · 09/09/2014 19:29

"Not allowed to cut branches overhanging your property"? Who else read that and thought "typical council nonsense!"

I was thinking that it's best not to hint that you didn't expect the whole job to be dealt with, and that a tree surgeon would happily do the job properly , which may be easier for them than thinking about stability etc.

Are the council suggesting that they won't cut those branches in case you suffer damage and sue them? For example they could fall on your fence and damage it ? Do they give permission for you to deal with those branches?

Hopefully you'll get someone helpful on the day.

Or try "Oh I just came out of the house to say hello and look, a crisp ÂŁ50 on the path. It must be yours."

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roneik · 09/09/2014 19:29

last year a street light that is at the side of my property was not working. An engineer was looking at it and told my neighbor that my tree was obstructing a cherry picker from changing the bulb. Well wait for it , the light has never worked in all the years it's been there . It get's worse my neighbor was served an order to get the branches of my tree cut as it was hanging right over the alleyway the light serves into her garden. It get's worse I am afraid , after she showed me the order I got up the ladder and trimmed. But wait it gets worse the bloody light wasn't even wired into the lighting circuit. The law states that whoever has the branches on their land is responsible for their removal. Anyway nearly 500 quid later I have got rid of my trees. Oh they relocated the lamp about 20 ft away and the trees would not have impeded the light or the cherry picker.

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roneik · 09/09/2014 19:33

The law states if branches hang over your property it's your responsibility . you do however have to offer the clippings or branches back to whoever owns the tree. I kid you not . Buy some loppers or hire a surgeon as I did . Kerching

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OddFodd · 09/09/2014 20:16

It's utterly absurd. The woman I spoke to initially said that they had looked at it and decided it didn't need pruning at all.

I suggested that I cut the whole thing down then (it's a whitebeam, not anything special and no TPO) if they weren't bothered about it because it's frankly a huge pain in the arse and she suddenly found a note on the file that said that as it has branches within 2m of the ground and is obstructing the road, they will prune it. But just not the bits that are overhanging my property as they don't care about those. Oh - unless they're actually touching my house :o

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roneik · 09/09/2014 20:23

I hate trees, except the ones my Jack russell cocks his leg up at. lol

I could have had a holliday with all the money I have spent over the last three year

Disclaimer I hug trees really

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msfreud · 09/09/2014 20:25

Can you deal with the not damaging cars parked there issue by parking there yourself and then moving your car before pruning the tree? Possibly with added bins either side to reserve the space if it's really large.

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OddFodd · 09/09/2014 20:36

That's a good idea msfreud. It's very rarely car-free (we live very close to the station) but Friday evening is often a good time. Or I guess I could put up some tape and signage all along my fence

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SE13Mummy · 10/09/2014 00:20

Years ago there was a tree on the pavement outside our house. I contacted the council and asked about having it pruned and they replied to say it was the wrong season for pruning but that they would put it on a list of trees to be looked at.

A few weeks(?) later I received another email. This one was to inform me that the tree had been inspected and, as it was severely diseased, would need to be removed. Which they did. And they ground the stump down properly too (unlike elsewhere on the road). We were able to choose whether or not a new tree should be planted in its place but, although we felt guilty, there are so many tree roots that have broken through the pavement that we said no to a new one. It does mean that outside our house is one of the few stretches of pavement that can be safely negotiated by wheelchair, or double buggy users now!

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kentishgirl · 10/09/2014 16:00

I don't think branches overhanging your property are your responsibility.

You have the right to trim branches that overhang your property, if you wish.

These do not mean the same thing.

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RustyDalek · 10/09/2014 16:16

If branches from a council tree overhanging your property are your responsibility, then why were the branches from my tree overhanging the pavement not the council's responsibility?

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roneik · 10/09/2014 23:52

Because the kruds at the council have to fill their day , I mean justify their existence . half of your council tax is their mission. they need to because their pensions which eat at least that much is their ultimate goal. Have a look in any council office and see the luxury of their workplace. You should not question but obey
Surf the net and see the salaries of dog droppings inspectors and other such titles , we are not talking min wage but mega bucks build an empire stuff

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ContentedSidewinder · 11/09/2014 12:20

roneik Well I went from working in the private sector to the council and worked in the council tax office and it was baking hot in summer, we were banned from opening the windows because of the air conditioning (it didn't work properly.)

We had shitty old desks and wobbly chairs. We had screens dividing us off from other departments because not owning the building we weren't allowed to have walls built, so we could hear heated debates about taxi licensing and environmental health complaints about noisy neighbours.

Then you have to deal with a lot of idiots who ring you, there are lovely people and then there are not Grin

Anyway, back on point, as the council have told you they would give you advance warning, I would let them cut their branches then hire your own tree surgeon to cut down any over-hanging your property. As the tree will have been cut already, your own tree surgeon could possibly even up any irregularities.

The biggest problem with trees is they are allowed to grow too large, someone then wants them trimmed, it can cost a lot and then people don;t want to pay it, so it gets left and then the bigger it gets the more expensive it gets.

We have had several trees removed on our own land, and we are next to a park which is lined with council owned trees so we cut back branches all the time to the boundary line. The council only cut them from the other side, but it forms a hedge between us so no sides to cut IYSWIM.

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UriGeller · 11/09/2014 12:34

So the council can effectively get away with not maintaining their trees and leave it and leave it til a large part of a tree overhangs somebody's garden, so that it becomes the garden owners responsibility to cut back?

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PetraArkanian · 11/09/2014 12:40

Add to that the problem that if you are in a conservation area you won't be allowed to trim it back even if it's overhanging significantly and branches are growing dangerously close to the house!

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MsGee · 11/09/2014 12:49

Very strange, I have a similar problem and the council had the opposite solution.

They have cut back the bits over my garden and left the rest, so it is lopsided (but don't notice a few months on).

The bastard trees roots run through my garden, right next to the main sewage pipe and threatening the house. The council won't do anything until the house starts subsiding.

I am not religious but I pray that something happens to the tree.

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enriquetheringbearinglizard · 11/09/2014 12:50

Why do these issues take such a long time and become nonsensical. The amount of administration eats into public funds and everyone gets frustrated.
We're currently awaiting Council permission for lopping dangerously overgrown trees in a back garden. The neighbours have complained, but because it's a conservation area, the trees, which are very run of the mill and not subject to TPOs must be considered and lopping approved. It's been going on for months already.

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wingcommandergallic · 11/09/2014 12:56

Surely these trees need "accidents".

Wink

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MsGee · 11/09/2014 12:59

I have considered it wing but worry my complaints to the council will lead them to realising it is me.

When imagining this scenario, I assume that the Council puts a whole task force onto finding the culprit and bringing them the justice. Not sure that is the reality but I daren't take the risk :)

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RustyDalek · 11/09/2014 13:16

The annoying thing about my tree was that we had a TPO put on it by one council department and then less than 3 weeks later we had a letter from a different department saying we must cut it back because it was obscuring the streetlight. The two departments wouldn't commit themselves on how much I could cut it by, so in the end I took a photo of the tree, emailed it to both departments and asked them to mark the cuts they wanted/were prepared to allow and swap pictures. Amazingly they actually did - though I suspect the only reason they did was because I sent the email from my school email address and they might possibly have thought it was a school tree....

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OddFodd · 11/09/2014 13:36

Yep, that's pretty much it Uri! Genius isn't it?

This is what it says on the council's website:
We need to look after trees to make sure they are safe. Trees are inspected by professionals, who cultivate, manage and make decisions about them. When inspecting a tree we look for things like:
disease
weakness or damage to the tree structure
if it affects the width and height clearance required for the road.

We do not sort out problems caused by trees, such as:
falling leaves, seeds and sap
light and shading
branches hanging over your garden
interference with television reception, telephones and solar panels

So basically, even if the tree is completely ruining your life, they won't do anything about it. The tree has never been inspected by a professional until I complained about it, at which point its branches are virtually scraping the pavement. I've lived here 4 years and the tree is about twice the height it was when we moved - to the extent that we get no sun in the garden at all until late afternoon and all the grass has died (corner plot).

Is there any reason I can't cut the tree down? Would that be illegal?

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