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.

You're looking at an astronomical fine, op . Precisely because anyone and everyone could and would do exactly as you have done and blithely claim it was just an unfortunate accident.
Take legal advice asap...
How bumpy was your garden that levelling it entailed digging to a depth of 3 feet??

The tree officer(?) Does not come round and look at every tree before granting permission though.

spyapp I know, I live in a conservation zone. I was just trying to ascertain the difference between “knackered” and “completely knackered”.

You’re going to have to be honest and see what happens.

I really hope you don't get a fine OP. I would be open and honest and offer to replace the tree immediately.

You will need to tell the tree officer the absolute truth and get some guidance from a tree surgeon or gardener about what to put in it's place. We live in a conservation area and lost a tree to an overzealous tree surgeon. We had to replace the tree with one similar and in the same position. We didn't get a fine but they did check up on us a few times and we only had (I think) two months to replace it.

Stay calm and wait to hear what the tree officer says. He or she might have a different view.

Remember that the tree surgeon wants to cut down trees and for you to pay him to do it, of course he is going to say that it's a goner. I am fairly sure that trees can survive damage to one root, even if it is a fairly major one, as they have a whole structure of roots.

But YABU to describe sycamore as a weed. They are impressive trees.

how far away is this base from the tree?
syccamores grow incredible tap roots, did the tree suregon say that the foundation was the reason for the tree suffering?

@Thisismytimetoshine do you know that for a fact? This is what I'm trying to work out, will I get a huge fine for sure. Has this happened to someone you know? That part of my garden isn't bumpy at all, that's why I was shocked when I saw how far he dug down.

I am definitely going to replace the tree with 3 silver birches. I'm pissed off about the tree, I wanted it there. It is a woodland area of the garden which is next to the part where the hut will be.

You'll be given the option to replace, but it'll need to be a mature tree, not a tiny sapling.

We were allowed a sapling as it was the wrong time of year for planting but the council insisted we replaced. They were fine with us and actually really helpful but we confessed what had happened very quickly which I think they appreciated.

Yes, tree surgeon said the main root had been cut through and it wouldn't recover. The concrete base is about 4 feet away from the tree. The builder hasn't dug foundations, he has terraced the area, it doesn't need foundations.

I can see you're stressed but I don't see anyone wishing you ill or gloating. I think you've been very rude.
Try the Garden Law website if you want very specific answers. You might be able to find someone local to you there.

@PanicBuyerOfGin yes, it is difficult to get planning. We are lucky in that ours is on the edge of a woodland area and so can't be seen at all from anywhere. We were on tenterhooks waiting for it. We were so excited, and then this happened.

I stayed in one last summer in a National Park and they had appealed against having their planning rejected.

Movinghouse that's interesting. Part of me thinks that I should just put plans in anyway just to try, but nearly £500 is a lot to throw down the drain if they refuse permission.

Is yours for your own use or for letting out? I was hoping to let it out for about a hundred nights a year to help pay for itself but use it ourselves as well.

Hope things work out about the tree.

I know, it is a lot and we were worried about that too.

Ours will be 100% business. We have holiday cottages too. I would love to be able to use it myself! You don't need planning if it is just for personal use, which is a bit of an anomaly if they are turning you down on the basis that it can be seen.

I think the tree has been sorted now. The tree surgeon is putting some kind of declaration in to the council having spoken to the tree officer. So hopefully I wont go to prison!!! Thanks for your good wishes.

I have had lots of dealings with various tree officers and am in a conservation area. I would phone tree officer and explain what has happened, be honest and see what they say.

www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#penalties-or-committing-offences this maybe helpful for you.

Friends who damaged a tree during building work were obliged to replace it although not with the same species and yes they did check that had happened.

Thanks so much for taking the trouble to help. I really appreciate it.