Neighbours tree and my building work

[sallydontlivehere]

I don't have great relations with my neighbours - we don't have anything to do with each other, but since I mentioned I was building an extension on the back on my house (we are semi-detached) they have been pretty hostile to me as they obviously don't want me to build it.
They objected in planning, but it has gone through

I think you missed the rest of your post?

The tree bit?

Is the tree overhanging your boundary?

Sorry hit post too soon!

They have a small but mature tree on our boundary - my fence (which will be replaced as part of the build)

I would think that digging out my extension and laying the foundations may damage the roots of the tree (the roots that are in my garden)
Am I responsible for this tree?
It was planted away before both of us lived in our houses - so not sentimental etc.

I don't like the tree and it overhangs my garden more because I have more light, so would be happy if it was removed as I'm the one stuck with pruning it back on my side and dealing with most of the leaves.

I can't ask the neighbours as they won't talk to me since I've had planning permission - what do I do?
If I tell them the tree could get damaged they will be asking for compensation no doubt - but I don't want to leave them with an unsafe tree - although it's small it has a thick trunk and potentially it is roots were cut on my side it could topple their direction?
I feel a bit stuck!

Diagram in case I haven't explained it very well!

The planning consent will usually address the issue of trees, was it considered at all?

Are you sure you don't require a free survey?

We had to have one when we built our extension due to trees on the boundary .

IIRC there's a question relating to trees on the initial planning form itself, did you answer it?

Not sure I’d want a mature tree so close to the foundations of my new anyhow!

Planning didn't mention the tree I don't think (my architect applied for planning for me) and it hasn't been marked on the plans separately (the neighbours have a mixture of shrubs along the whole length of our boundary) - which are marked on the plans.

Assuming the tree can't survive do I have to pay my neighbours compensation?
I'm happy to pay for the tree to be removed as it will make putting in a new fence easier for the builders.
As I've been getting quotes in the builders have mentioned removing it - but it's not my tree so I'm not sure what to say?

As the bit of the tree (the roots) that I am damaging is on/in my land/boundary can my neighbours stop me building my foundations? (There's no way the tree is protected - and there's been no mention of any tree survey from anyone apart from on this thread).

Ironically my neighbours were going to have the tree removed a few years back as it really blocks their light - but for some reason changed their minds - I'm not sure why, as I said we don't talk.

The tree is copiced which is why although it is mature and has a wide truck, it's not very tall and the top growth is annual so not heavy - this is why I think it could survive its roots being damaged on my side - although I am concerned about its stability and being safe for all of us

You need to contact the council, it should have featured in the original decision to grant the planning permission. I'm not sure what their recommendations would have been but it would have been taken into consideration.
Your architect has either misread the information required to be disclosed or not disclosed properly or fully.
It needs to be sorted before building commences.

How close is it to your new extension? That may indicate whether roots will be heavily damaged but also whether you may need reinforced foundations....my BIL did due to high Leylandi owned by the neighbour and cost him several thousand more....he was rather pissed off about it

We have a similar positioned tree, close to a proposed extension. The planning officer came out to see the tree and ascertain what species it was as that makes a difference to how much moisture it draws from the surrounding ground and how it would impact our foundations.

Our planning consent required us to remove the tree prior to building. We're actually now waiting another couple of years to allow the ground to settle after.

Oh friends had to double the depth of their foundations due to nearby trees. An extra £5k which hurt.

The approval paperwork will have any conditions on it - available online if they wrote to architect as your agent. Does it have a tpo or are you within a Conservation Area? Tbh I'd be more concerned about its roots undermining your new foundations. Be prepared to offer something towards a replacement tree.

You should have put the tree in the planning application. There are specific boxes on the application forms for trees, and they ask if any trees are within a specific distance of the proposed build. The planning officer would then have checked it out and the grant of planning would have given clear guidance. By omitting it, you have inadvertently caused further potential discord between you and your neighbour. I would be pissed off if my neighbour damaged a tree or boundary hedge. Indeed, I got my neighbour to stop digging out a hedge one time, after the first one they dug out without mentioning it caused an unsightly gap. Had they discussed it rather than just gone ahead without even mentioning it, I am sure we could have come to an solution that kept both of us happy.

I know you said you had done planning but have you done party wall agreement (did I miss reading this?)

No, haven't done the party wall agreement yet @mumwon

You're really not on top of this at all, op. Clue yourself in.

thanks greyhound...that's probably what I am attempting to do

OP we have an application going through at the moment and I've had a look at the form. There are 2 questions which relate to trees - one asks whether there are any trees within "falling distance" of the proposed development, and then a second question asking whether any trees or bushes will need to be removed or pruned for your building work to go ahead.

You need to go back and see how these questions were answered. I would anticipate that if your architect has not said "yes" to these questions, then your neighbour / council could challenge the planning permission. You really need to speak to your architect to get this resolved.

And a copy if that form should be online on the council website, if you do not have it to hand.

Looks like you will need to deal with the Party Wall Act and a hostile neighbour is likely to appoint their own surveyor.

You have a right to do your work, but a responsibility for damage.

It might be worth getting a tree consultancy / arboriculturalist to look at the proposals. Cutting roots can unbalance trees, and they can need pruning as a result. Cutting roots and pouring concrete straight on top of them can finish them off. It may be subject to a tree preservation order, so that needs checking. You can sometimes step foundations over roots with beams etc. so there are options.

I would suggest tree advice first. Then if you can't talk to the neighbours, let any PW Surveyor have the conversation. They might welcome losing the tree for free. It might end up saving you money and grief.