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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Was I BU to cut down my tree?

14 replies

NightIbble · 09/08/2023 18:44

We had a beautiful cherry tree in our garden that sadly has died after the drought last year. It had no leaves or flowers and the branches were very brittle. I was worried that it might fall down if we got high winds so I (well my DF) have cut it down to a hight of about 5 ft with all braches removed and just the main trunk left.
My DH has just mentioned about tree preservation orders and did our tree have one? Why he didn't mention it when we were talking about cutting it down I don't know! We had an argument about whether we should get a tree surgeon to take it down or my Dad who offered to do it for free. This was NOT one of the arguments he came up with!
I am now freaking out about whether our tree had a tpo on it. Sadly our council does not have a map that is easily checked and you have to email them and ask. Which I don't want to do in case it has.
How likely is it that my tree had a tpo, it's not visible from the main road and wasn't ancient or particularly big. Does anyone have any idea?

OP posts:

Janetheplain · 09/08/2023 18:49

I’d say it’s unlikely. It should be in the paperwork when you bought your house. Your solicitor would have made you aware. If you don’t know it has a TPO it probably hasn’t. If it does though you’ll have issues selling the house if you have felled it- you need planning permission to even trim it.

EvilElsa · 09/08/2023 18:49

I know our area (including our front and back garden) has a TPO as I had to apply to cut down a dead tree in the front garden (tree surgeon actually applied and did the work). Is it on the deeds to your house? It's mentioned in ours. Luckily our council has a coverage map as well.
Honestly, it's done now. Don't worry about it. If it's not visible from the garden how would anyone ever know.

ThreeLittleDots · 09/08/2023 18:50

Extremely unlikely, don't worry.

MentholLoad · 09/08/2023 18:50

no your cherry tree in your garden will not have a too. and it was dead

minisoksmakehardwork · 09/08/2023 18:53

If it was dead, I suspect you will have no problems. You cannot do work to a live tree with protection order without permission, but if it dies, through natural causes like drought, tpo can be removed as tree is 'dead, dying or dangerous'.

It is unlikely that an ornamental cherry tree in a garden would have a tpo and you not be aware of that, although if you are unsure, your local authority may have a map which shows all known tpo's.

Bubbleshoespop · 09/08/2023 18:57

Are you in a conservation area? If so you need permission from the council even if there isn't a tpo on the specific tree

MintJulia · 09/08/2023 19:00

Firstly, if your tree had a TPO, you would have been informed when you bought the house. Or the council would have told you if it's new. It's unlikely for a garden cherry tree any way.

Secondly, TPOs are irrelevant if the tree is dead.

Finally, if the tree isn't dead and you've cut it to half height, it will sprout pretty quickly.

SgtBilko · 09/08/2023 19:08

Bubbleshoespop · 09/08/2023 18:57

Are you in a conservation area? If so you need permission from the council even if there isn't a tpo on the specific tree

Not necessarily. It has to be certain dimensions before it needs permission and one should always check but the tree was dead. My council won't generally put TPOs on trees in gardens, they told me.

Olaugh · 09/08/2023 19:49

@SgtBilko if it's in a conservation area, it won't need a TPO because it's protected automatically

Tbh op, it doesn't seem like you're in a CA so you'll likely be fine. You'd already know about trees if you lived in one and a random cherry tree of minimal horticultural interest won't have a TPO

Still sad for the tree!

CalistoNoSolo · 09/08/2023 20:11

You can always assuage your guilt by building a beetle house with the chopped down wood and planting another native tree or two in your garden https://www.buglife.org.uk/get-involved/create-your-own-dead-wood-habitats/#:~:text=Dig%20a%20hole%20in%20the,like%20damp%20submerged%20dead%20wood.

Create your own dead wood habitats

Create your own dead wood habitats today!

https://www.buglife.org.uk/get-involved/create-your-own-dead-wood-habitats#:~:text=Dig%20a%20hole%20in%20the,like%20damp%20submerged%20dead%20wood.

Tinkerbyebye · 09/08/2023 20:45

It’s highly unlikely, TPOs are not normally on cherry trees and I assume you don’t live in a conservation area?

that said we thought my mums tree had died and we cut it back like yours and left it. The following spring back to life it came

Original poster

NightIbble · 09/08/2023 21:31

Thank you everyone I just panicked! I'm fairly sure it's not a conservation area and I think I would have remembered anything about a tpc in the house agreement so should be safe.
I think I will not worry about it as, unless your my immediate neighbours, you wouldn't know it was gone and they aren't going to report me!
We live in a weird little area which means you wouldn't be going down my road unless you lived there so I doubt anyone will notice.
I like the idea of a bettle house though!

OP posts:

PatTesting · 09/08/2023 21:33

As usual, a lot of posts on this thread is wrong.

You have no way of knowing if there was a TPO on it without checking with the council or from when you bought the house. Cherry trees can be, and are, TPO’d. It’s also irrelevant if it’s visible from the street or not.

If you’re that concerned, I would contact your council’s tree officer to check. If there is a TPO, you explain that you cut it down because it was dead. There is often an exemption from the planning process for dead and dying trees as long as you can supply photos or have a report from a tree surgeon. Generally speaking, even if the tree is dead you’re required to notify the council.

If the tree does turn out to be TPO’d, you are required under the Town & Country Planning Act to plant a replacement tree. Discuss this with your tree officer who should be able to guide you.