Emergency - stop neighbour’s trees being cut down

[woodpigeons]

I live in an area with a lot of mature, very big trees.
Our next door neighbour recently died. The house is for sale and I have just heard that the people who inherited it plan to have several mature trees, where birds nest every year, cut down.
The trees are not causing any problems at all. We are the only neighbours who would be affected and we love them, they are beautiful, and love seeing the birds come back every year to build their nests.
They already sent some sort of cowboy gardener to cut back the dividing front hedge where birds are nesting. DH noticed when they’d almost finished and when he spoke to the ‘gardener’ about it he laughed and said he was always finding eggs but never enough to make an omelette.
I know about applying to the council for a tree preservation order if there isn’t one already. Also about the Countryside act and will contact them on Monday.
However these people who have inherited the house are not reasonable. They are most likely to send unqualified people to cut down the trees, even this weekend.
If that happens can anyone tell me if there is anything I can do please?

OP, what do you think is the neighbour's motivation for wanting to cut down the trees?

You need to understand that if you want any chance of being able to persuade them otherwise.

You like these trees and trees in general and you wish other people did too - but not everyone is like you and you can't force them to be like you.

You need to try to understand them - as they have the power in this situation - rather than expecting them to try to understand you. Something they have no reason to do.

In a conservation area all trees with a trunk of more than 7.5cm in diameter, measured 1.5 metres, are automatically proceed by tree preservation legislation. In other words they have a de facto TPO. Nearly, but not quite. Each time you do work on a tree over the specified size in a Conservation Area, you have to contact the Council 6 weeks in advance, in case they wish to put a TPO on it. If they don't want to apply a TPO, a lot of the restrictions that come with a TPO don't apply - like you don't need to have a qualified arboriculturalist to do the work.

Law recognises trees should not be cut down in nesting season Law says you must not intentionally or recklessly disturb a nest in use or being built. If you've surveyed the tree in question and there are no nests in it, you are free to cut it down even in nesting season. But because of difficulty of establishing that there ae no nests, it is easier to wait. That is why developers are putting nets over hedges and small trees - they want to fell during summer and are making sure nothing can get in to nest build.

It's not necessarily tree that a tree with a hole down its trunk is dangerous and needs felling - the centre of the tree is dead wood and slowly attacked by fungi which rarely move into the living tissue. A hollow cylinder does not gain much strength by having its centre filled, and it's arguable that a hollow tree will flex better with the wind.
treesurgeryshenfield.co.uk/blog/is-and-hollow-tree-dangerous

Obviously the TPO wasn’t issued because my neighbour liked looking at the tree, that was her incentive for seeking the TPO.

She didn’t bother to actually come and talk to us first to check her facts which is frustrating because it meant we still carried out the same work we had originally planned, it just cost us a load of extra money and time (and means we’re now without a garage and our children’s treehouse was demolished).

If, as they confirmed, every garden around the OP has mature trees, I can’t see why they’re so concerned about one being removed if it means the neighbours can enjoy their garden as they’re entitled to.

I dont think these trees are sucking any gallons of water out of the ground here. The land is very heavy and damp and paths can take days to dry out after rain due to the amount of shade from these excessive trees. Unless the trees are already dead, the normal process of transpiration will be occurring, whereby water is evaporated from the foliage and replaced by water from the soil being taken in by the roots. You may find that the extra evaporation on the ground is not sufficient to compensate for the removal of the trees, and the ground becomes even soggier after removal, particularly in the wetter months.

If, as they confirmed, every garden around the OP has mature trees, I can’t see why they’re so concerned about one being removed I guess the same argument applied when people started paving over their front gardens to park their cars - but now so many people have done it it's having a real effect on groundwater and flash floods, to the extent you now have to get planning permission for impervious driveways.

Please can you direct me to the law which says that trees can't be cut down in the nesting season.

They can be cut down in nesting season, just not if being used for nesting - generally easiest just to avoid the season so you don't fall foul of the law which allows for "reckless" as well as intentional harm...

Links to relevant legislation in link below....

www.elementtreecare.co.uk/tree-surgeons-and-the-law.php

Yes exactly Mere . So many short sighted posters on here. The flash flooding is not going to improve with the selfish property owners and builders. not thinking about the future.

I’m reading this while sitting in bed.
I thought some of my fellow tree lovers might like the view from my bedroom window.

Lovely Pancakes Our view is similar, but you should hear the neighbours if a leaf dares to go NEAR their ext. roof!!!!

Pancakes!

You smug bastard!

We're way out of spring. I doubt there's still nests in use

Shows you know fuck all about this subject then Ballymotedun

Schaden !!!!! How are you? have you started a Strictly thread yet?

Sorry to derail !

Oooh Pancakes how lovely.

They frequently put the nests and baby birds through their chippers. Pigeons and magpies usually

Then these "tree surgeons" are fucking disgusting ..

@Pancakes

Beautiful

There must be a reason the neighbours are removing the tree. It costs a fortune to maintain big old trees.

We’ve got a lot of old trees (lovely beeches and oaks) and it’s a long (8 week process) to get planning permission to thin them out and lift the canopies.

Thankfully the council has just confirmed to me that the TPOs (we’re in a TPA, so it appears that everything on the plot is subject to a TPO) only applies to trees that are older than 70 years, dating from when the original TPA was put in place.

So we’re planning to remove a very large row of conifers from our boundary. They’re over double the height of our house and take away a significant amount of natural light from our living room, bedroom and patio. It’s also costing well over £1000 to remove them. It isn’t a decision that we’re taking lightly and I’m sure the neighbour will have something to say about it, but I’m not mentioning it to her in advance, as she will make a fuss. The planning application will be done properly in advance by a qualified tree surgeon, but it won’t mention the conifers as we now know that they’re not covered by TPOs.

So I think try to find out why they’re removing the tree and speak to the appropriate council department. At the end of the day, it’s their tree and only the council can determine if it is worthy of a TPO. Councils can act quickly, as my neighbour mentioned above got a TPO put on a tree across the street. My new neighbour opposite then could build only a single garage instead of a double, because of the new TPO.

Are you sure that your neighbours or their contractors haven’t had an ecological survey undertaken ?

ppeat

Strictly?

Is it that time already?

Nooooooo!

I'm fine - hope you are well (God - it's like those postcards you used to send to your mother from Brownie Camp.)

Let me know if someone starts a thread - I never see anyone these days.

(Sorry to carry on de-rail OP)

OP, what type of trees are in your neighbours garden?

I cut down quite a few mature trees when I moved into my house. Some of the Nieghbours didn’t like it as the trees provided a lot of privacy between the nieghbouring houses 🤷🏻‍♀️. Trouble was that a lot of the trees in my garden were ugly, overgrown and in the wrong place. I’ve since replanted some natives trees (beech and birch) which look a million times better. I get a tree surgeon in every few years to maintain the trees.

The trees I cut down included several 100ft plus leylandii and eucalyptus - both were varieties that simply don’t belong in UK gardens even large ones. They are awful trees. They are really ugly and fast growing. I don’t think either type of tree does much for wildlife either.

There is nobody living in the house. Our neighbour died. His son is trying to sell it. I do not know where he lives. He is not at the house but sends people round to do work.
He is not a reasonable or rational person. This is not ‘salacious gossip’. Living next door we have seen evidence of the way he behaves. His father also spoke to us about it.
Unfortunately we are just on the edge of a conservation area. However
our local councillor agrees that the trees contribute to the environment and should not be cut down without a good reason.
We hope to get a stop put on any tree felling while the birds are nesting.
This will give the council time to look into the situation and decide whether to place a TPO on any, or all, of the trees. We will abide by their decision.
Or maybe by then the house will have been sold and the new owners will not want to cut down the trees. This would obviously be the best solution.
I reiterate. The garden is very, very big. It is lawned with some mature trees on the boundaries, both sides and back.
The house is on a corner. Without the trees the garden will be totally overlooked from the road.
Most trees are a significant distance from the house. There may be a good reason to cut maybe one of them but surely not all of them.
Once gone they cannot be replaced.

Schaden Well it's approaching!!! So much has gone on since last year shall I start one?

Yes I'm brill thank you x (sorry I know it's more Nethuns than MN or txts) but I feel I know you

Apologies for derail again. wood That sounds positive, about your council. Good luck!

ppeat

Please do start one - I'm always frightened t start things in case o-one joins in and everybody sees what a "jenny-no-mates" I am

Thank you peat fruit.
We have just been delivered a copy of a provisional TPO.
It says the trees are in healthy condition, are considered to enhance the visual amenity of the area and provide valuable screening.
The TPO dates for 6 months from today while the council decides whether to make it permanent. Any appeals can also be made during this time.

Nightmare nosy interfering neighbour, it won’t stop with the trees, Mind your own god dam business, I believe in karma. If you are willing to intimidate, cause neighbours problems expect it back ten fold. Let’s see how you cope then..

Well done OP.