Neighbour hacking off boughs - conservation area

[JennyForeigner]

Hi all, grateful for your expertise.

We live in a listed house in a conservation area with a beautiful garden and mature trees. We are good tree owners, having them annually checked and trimmed, and have removed unsuitable overgrown Leylandii with roots too close to houses.

We have had new neighbours for a couple of years. We have worked hard to get on well with them but they have upset people by replacing the grass verge at the front of their house with plastic mat without permission, lots of cars and basically being a bit tasteless in a community people move to for its greeness and wildlife. They have massively extended at the back without keeping within the permissions granted. The male half of the couple told me he plans to pave and AstroTurf their garden, and that he dislikes our (rather beautiful) garden because of the 'messy' plants. We have 8 foot fences.

About six months ago he asked if they could take down the overhanging boughs from a line of lovely trees including silver birch on our side of the boundary. He considers these 'untidy.'

I said that we understood it was his right to ask and that if he wanted to work with our tree surgeon would not object. Under a bit of pressure from him I agreed that if he had a preferred tree surgeon we would meet them and provided we were satisfied, allow them to work in our garden. I felt uncomfortable about this afterwards as I felt what he really wanted was to get some dodgy mate around.

Today I saw him up a ladder, sawing through one of the larger boughs from our silver birch. He had given no thought at all to how to do this properly, or minimising damage to the tree. We have been in all day and he didn't attempt to speak to us.

My husband now feels I was unreasonable for asking him why he didn't knock on our door and ask before getting his saw out. He stopped, but was not nice about it and I am now really quite unhappy. I don't believe for a minute that he would have stopped if I hadn't caught him, while we have three very young children and the trees are in a built up bed by the fence where there is a substantial level change. There is a risk that the trees will become unbalanced and unsafe, as well as looking awful.

I am frankly furious, especially as we have been so thoughtful and accommodating.

AIBU to tell him he can do one if he ever so much as mentions working on our land again?

And am I right to think he should have had permission before the work took place as we are in a conservation area? I am not sure about this, but would love it if I could tell him no on this basis. We have always had permission before getting our tree surgeon in, but as we have been taking leylandii out, I'm not sure if this is what the permission is for.

Would really appreciate any guidance people can give. AIBU?

He knows. His planning permissions are specific to the conservation area, the village council had a word about digging up the hedge and verge at the front, and I have asked again today if he is aware. He said he is but didn't know it had implications for trees.

I checked the TPO status and there are lots in the village but unfortunately not in our garden. I think our apple and yew hedges might well qualify, so will look into this to protect them for the future.

Me too. Our gardens are south facing and slope. They are bakingly hot and exposed in summer. We wish we had more shade trees.

I think this is right. We certainly felt he had realised that he is exposed.

Every time he has pushed the line he pops up over the fence or at the door and says 'I don't want to fall out over this...'

It's unbelievably irritating.

@BunchHarman what it is with me ,since you raise the question ,is that I don't like being accused of saying things I've not said ,being called a sock puppet and having hostile remarks addressed to me .
Is that a crime ?

@BunchHarman Oh no, really? As if that poor woman doesn't have enough to cope with.

Also, the internet is VERY full of people shadow-boxing their own stuff.

@amberedover You’re either new to MN or a name changer. If you think you’re getting a hard time in the Gardening topic then I suggest you don’t venture into AIBU.

I have only read the OPs posts on this thread so far. Just to add that where I live Planning does not take into account a right to light, there isn't one. Might be the same where you are.

No worries warning ,old user here .I don't feel I'm getting a hard time!
Just sticking up for myself -don't like the OP inventing stuff about me and carrying on when it's been pointed out .

Report the sock puppeting comment. It counts as troll hunting.

Fair enough, if you’re an AIBU veteran you’ll have a thick skin

Or you could both just wander off and leave the thread to OP and those actually interested in the outcome…

I think you're assuming I've bothered to read your posts since about midday.

I haven't. I don't think anyone has.

But if taking over threads about other people's planning dilemmas and making them weirdly all about you is your jam, crack on.

No one cares, it's not your thread

👋

Just wanted to update this to say we have now established beyond doubt that our neighbour has not got planning permission for the large glass panel he installed in an extension, looking into our kitchen. He says he needs to remove our trees to maximise light to this panel - which he constructed without permission. I think that's because he knew it would have been turned down.

As a result of the helpful advice on this thread I was able to look up the planning guidance for our conservation area. Our house is one of four specifically named as a protected property, together with our 'mature plantings of fruit trees and native or traditional species including holly and yew'.

One of the primary aims of the conservation area is to ensure that any new development doesn't impact on the character of our buildings including in regard to materials and use.

I think it is probably too late to question the extension itself, but the glass screen is definitely not appropriate. If our neighbour applies for retrospective planning permission, I would therefore fight it hard.

I don't think he could now even try to argue that he should be able to remove or reduce our trees, which are cited as a protected part of the historic boundaries. We will continue to manage them carefully, and in the interest of the health of the trees.

I feel like I know a lot more about our house and village now! I'll update again when we hear back from the enforcement team.

I should add to this that disappointingly, the council say there isn't an opportunity to consider the listed status of our building when considering an application for retrospective planning permission.

So he wouldn't have been given permission to design his extension the way he has built it, but any retrospective application would be treated as just for a new glass wall in any other building. Which means he will probably get it.

If that's the case I'm not sure we'll have any choice but to plant to create a screen, because it's not on.

Eugh, I hate these kind of people. They make me cringe.

And if the planning doesn’t match the house it’s never too late to file a complaint. Get that filed.

How awful! I'd double check that. The glass screen shouldn't be there, and surely retrospective planning would be the obvious way to go to do dubious things, if it's easier to get!

He can't touch your trees though, and they should throw the book at him for the tree he's already massacred.