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Neighbour and Protected Tree

7 replies

delusionsofadequacy · 19/06/2013 17:29

I have a large protected oak tree in my back garden. Since I moved in last year the neighbours have been asking almost every time they see me when I am having it cut back/down.

They are aware it is protected but complain that it is blocking the light in their garden. It does go over in to their garden somewhat.

Do I have a legal obligation to cut it back with it going into their garden? I like the tree as it is and it will require planning permission to do any work as far as I am aware. I would not mind trimming it so it is not in their garden but it would take a lot of cutting to make any difference to the light in their garden.

Thanks in advance!

OP posts:
wonkylegs · 19/06/2013 17:43

If it's got a TPO you will indeed have to get planning permission to do works to the tree. They may not get permission unless there is need to do the works from a safety position or there is an established need to do the works. If you do or anybody else does works without PP they will be liable for prosecution and will probably need to replace the tree that is damaged with something equivalent (not easy or cheap)
There is a guide to TPOs on the governments planning portal website.

Collaborate · 19/06/2013 18:25

We have an unprotected tree we inherited that does much the same thing to our neighbour. Got a quite of £1250 to take it down. At the time we'd have been content to pay half but they didn't offer to contribute a penny when we said it was too expensive for us, so we're not bothering now.

Subject to the TPO they can chop off whatever overhangs their property, but at their cost.

SerBrienne · 19/06/2013 20:05

ask them to put their request in writing. then if they sneak in and cut it down while you're on holiday you'll have evidence that you weren't the doer.

delusionsofadequacy · 19/06/2013 22:19

Thanks guys, that's lots of help! Even if I can just say to them that I would be unlikely to get planning permission it might get them off my back! They also haven't offered to pay unsurprisingly!

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Lonecatwithkitten · 20/06/2013 08:55

Often the councils tree officer can come out (no cost) and will chat through with you what you can and can't do and if you need to do work how you would go about getting permission.
When I had a protected oak in my garden ours was enormously helpful and then I was able to say to neighbours that this was the councils advice/policy.

Elansofar · 22/06/2013 22:51

Ditto lonecatwithkitten. Tree officer will advise you. Some trees do require a good chop on an 11 year interval basis like an Ash tree I have taken advice over. However Oaks are generally left alone. If you have spare cash any decent Ecology consultancy will have a tree specialist on their books, ask for a fixed quote for a report about the 10 year management of your tree going forward. Regards

delusionsofadequacy · 24/06/2013 22:30

I shall give the tree officer a call Smile

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