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Neighbour removing trees in Conservation Area

32 replies

RaphaellaTheSpanishWaterDog · 26/07/2015 22:05

Hi all,

I just wanted some advice please on what to do regarding this situation -

We have a new neighbour next door - in fact afaik they have yet to complete on the purchase and from what was said by them to DH as yet have only exchanged contracts, but the EA has given them the keys as the property is empty - and for the past week they have been cutting down established plants and trees (30' in some cases) with a chainsaw.

As a tree-lover (our own large garden is full of mature trees planted over the years since our house was built in the mid 1800s) I hate to see any trees cut down unnecessarily, but both our houses are in a Conservation Area with an Article 4(2) Direction, which I was led to believe meant you had to give six weeks notice to the council before doing any lopping/removing of trees over a certain size.

We bought our house at the end of 2014 so we're new to the area ourselves and don't plan to remove our trees, but know that because of the Conservation/Article 4 we'll need permission for things such as changing the colour of our (original) windows.

However, when DH mentioned the Conservation Area to the new neighbour - who seems very friendly btw - he seemed unaware that his new home fell within it and DH stupidly failed to explain the need for getting permission for certain works as our permitted development rights are removed so now he's gone in all guns blazing and is devastating the trees which (if ours are anything to go by) probably house many birds/other wildlife.....

I don't like the idea of 'dobbing him in' so to speak, but feel he should be made aware of the requirement of informing the council.....trouble is I'm too chicken to approach him myself and DH thinks we should mind our own business, plus he's cleared about a third of the large-ish garden already.

Morally what should I do?

TIA x

OP posts:
SoupDragon · 28/07/2015 22:29

Glad to hear the update :)

RaphaellaTheSpanishWaterDog · 30/12/2015 14:08

Just wanted to further update this thread, although TBH the content is more suited to the property forum.......

Anyway, I was wrong - so much for the new neighbour not being a developer. At a gathering five days before Christmas he announced that as a family they were not settling into the area as they miss the estate on which they previously lived. As a result they were considering doing minor work before putting the house back on the market. Alternatively they had also thought about converting the detached house into two semis.

Yesterday he turns up on our doorstep with architect's plans (submitted to the council that morning) to divide the house into two and involving considerable extension work.

The intention is to get planning permission then sell to a builder.

Not only is it highly likely these plans were already drawn up when we spoke on 20th, but IMHO it was probably always their intention. He also told us he has had EAs out to value the house and give opinions on values with/without proposed alterations. Both his and our house (similar size, built 1850s) have not been touched for around 40 years, yet he was apparently told that even if he does a basic paint job he stands to make 100k - which is strange as the same EAs told us we would be lucky to recoup our expenditure if we rewired/removed 1980s horrors such as woodchip!

I'm unsure whether pp will be granted - his is one of only five (iirc) houses in the lane that form the conservation area/have an article 4(2) direction, but all 40 (ish) houses are detached........

OP posts:
LIZS · 30/12/2015 14:28

I assume you will object. Not in keeping with area, increased traffic/parking, possible negative effect on trees with tpo - just for starters.

funnyperson · 31/12/2015 07:45

Object strongly and report the tree cutting so he has to pay a hefty fine

honeysucklejasmine · 31/12/2015 10:27

Object, object, object.

shovetheholly · 06/01/2016 12:12

My guess is that the projected profit would come from having two units to sell rather than one?

Definitely object! I would be very surprised if such extensive work gets through planning without issue in a conservation area. There will be all kinds of building regs/fire issues too.

WhoKn0wsWhereTheMistletoes · 06/01/2016 12:28

I know someone who did do this, in a conservation area, not without a lot of battles with the planners and neighbours, but they got there in the end. Their road is a mix of detached, semi-detached and short terraces though.

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