My builder has accidentally killed a tree.

[Movinghouseatlast]

Just before lock down our builder, whilst flattening a part of our garden, cut through the main root of a sycamore tree. I'm in a conservation area, so need permission to take it down. I have had a tree surgeon out who says it needs to come down or it will fall down in a year or so.

The problem is that the work was part of a project that we had got change of use planning permission for. On the form we ticked a box saying that no trees would be compromised. We genuinely thought this. The builder was putting a concrete base down, which we thought would just need a bit of flattening, but in fact he dug about 3 feet down, essentially creating a terraced area.

So, we need the tree removed, we need permission to do this but I'm terrified of what will happen when the tree officer comes round.

The tree can't be left as if it comes down it will be on top of the shepherds hut we are going to put there.

I've lost my entire income during lockdown, I just can't afford a fine on top of everything else. The tree surgeon says zi have no option but to notify the council. Thanks for reading.

It's really difficult to work out how that could be an accident tbh.
The builder must know you're in a conservation area. He'd have had to do a substantial amount of damage to the roots to cause a mature tree to become dangerous. How exactly was he so negligent?

As in what happened leading up to him digging 3 feet down into the roots of a mature tree?
Can you evidence any conversations you had where you discussed the tree? Do you have texts or emails?

I think the builder didn't give a shit. He probably didn't realise that the roots were so far from the tree itself.

It's a bit of a perfect storm as it was the week before lockdown when we were social distancing so we hadn't discussed what he was going to do.

It's a sycamore, a weed basically, one of about 20 in the garden.

No texts or emails, it was all verbal. On the quote it just says 'lay concrete base's.

I can't blame him, it is our responsibility I know.

Has it got a preservation order on it?

Just say a tree surgeon was out coincidentally and the tree is dead and is a threat to property. We are also in a conservation area and had to apply to get rid of 2 dead trees fgs!

These things happen. Sycamores are a bastard for roots tbh

So tree officer. And don’t spend money on a shepherd’s hut yet.

Pottering whether it has or not, similar penalties apply because it's in a conservation area.

I've lived with Sycamore in the garden and they're a dreadful tree but I really wouldn't go in with the 'basically a weed' approach OP.
It could be argued that you'll have benefitted financially from its destruction so I'd be very careful. Maybe offer to replace it with something that supports a greater diversity of wildlife and ask what they'd recommend.

Any penalty costs should be picked up by the builder, surely?!

@OneEpisode are you a tree officer? I have already bought the hut!

I haven't benefitted financially from it being killed at all. The concrete base is just lower down than I thought.

I think that's unlikely unless the OP can prove that he was negligent. If she has an email talking about the tree and being careful because it's a conservation area then she'd have a point.
This is why the fines are massive - to avoid people thinking the extra space/light are worth paying a fine for. For a tree with a TPO I think a custodial sentence is a possibility as well as a 20K fine and having to replace the tree.

Moving - it could be argued that not having a Sycamore right next to your extension would increase your property value/desirability. I have no idea - but it's something that a tree officer would think about.

Movinghouseatlast
No, sorry for the misunderstanding, I’m not a tree officer. But it seems that you do need to find what the consequences are and that seems to be the priority rather than allocating responsibility or improving your garden.

Not got any advice regarding the tree but I'm very jealous about your shepherds hut - I wanted one but I've just been told by our National Park planning officer that they would refuse permission if I applied as the site is too open .... lacking screening in the way of mature hedges and trees 😬. Am gutted.

Maybe offer to replace with something native, nicer & less invasive

The Garden Law forum might be helpful. I've tried to link but I can't get onto their website. They have Tree Officers posting sometimes.

I wish people would read what I wrote. It isn't an extension, I'm not 'improving my garden', I've said I take full responsibility, I'm blaming nobody but us.

The planning officer visited the site, he didn't say there was a tree survey required.

I really just want someone with some experience of this to tell me what might happen. Rather than rubbing your hands over me going to prison or getting a fine that would finish me off.

I’m sorry you have paid a builder to flatten part of your garden (that was in your op) and that this has not in any way been “improving your garden”. I did assume you had planned the shepherd’s hut for that reason too. But I apologise if it had another purpose.

Where I am there are different rules for dead or dying trees in my conservation area. It needs reporting to the LA but not permission to remove. They do say you should plant a replacement tree in its place though.

I would get a lawyers advice, maybe the builder or the company they work for is legally liable even if you do want to take full responsibility. The fines for doing this can be huge. If the builder is liable, their insurance would owe you and maybe the authorities. Look up tree law, the fines can be extortionate.

Honestly, don't stress. Apply to cut the tree down, then cut it down. Say it's blocking light or something (if it is).

You said I should look at what the consequences were rather than improve my garden? So I am doing that, that's just what I'm trying to do. As I said originally, I didn't know he was going to dig down that far.

It seems to me that you don't know what the consequences are, but you are having a stab in the dark, enjoying having a go at me when I have posted looking for help.

But you carry on gloating why don't you? Perhaps you will love the fact that if I get a fine I would end up bankrupt in all probability. You can have a good laugh at that.

Moving, I really don’t know what the tree officer would say. I’m sorry if upset you. I really don’t want bad things to happen to you. Better advice up thread. Perhaps don’t say it’s blocking light though.