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Original poster

Tree preservation order

53 replies

ILoveMeSteakIDo · 17/06/2022 07:13

Can anyone get a TPO on a tree if they don't own it?

There's a very large, beautiful tree in my neighbours garden, 2 doors down. I think it's a conifer tree, it's about as tall as a 2 story house. Our gardens are all about 80ft long, to put into context. My next door neighbour hates it as it casts too much shade, in his opinion. He still gets plenty of sun in his long garden, just not across the middle.

It has tons of birds in it and we see a lot of bats around it in the summer (urban garden so the bats were a lovely surprise when we moved in).

Every now and again he makes noises on social media about asking the neighbours to cut it down and moaning about the sunlight issue. On one such rant, someone linked him to some nails that you hammer into the trunk to kill it. I wouldn't put it past him.

I'm idly wondering if i could in theory get a TPO put on the tree due to the fact it seems to support a lot of wildlife, including bats. I know it wouldn't stop him doing something to the tree but he would be in for a fine if he did.

Does anyone know the process for doing so? Can it be done by someone who doesn't own the tree?

OP posts:
ChardonnaysBeastlyCat · 17/06/2022 07:21

Ask your council. Bats are a protected species, that should help, I hope.

anon2022anon · 17/06/2022 07:31

Are you willing to contribute to costs to keep it in good shape, treat any diseases, and remove the stump and repair any damage if it comes down? If not, and it was in my garden, I would be fuming if you stuck me with a potentially very expensive issue thats none of your business. It should be the owners choice. Ifm someone is going to maliciously damage a tree in secret, a TPO will make no difference.

mosesbassist · 17/06/2022 07:52

Contact the tree officer at your council

Fullsomefrenchie · 17/06/2022 08:00

Are you in the uk? Do you mean bats fly round it at night? Bats won’t give a shit and they won’t be living in it.

SquishyGloopyBum · 17/06/2022 08:03

A conifer wouldn't get a TPO on it. But bats are protected so any felling of it would need to be licensed and the bats rehoused properly (which would take time and cost).

The bats are your best bet.

CherryReid · 17/06/2022 08:08

A 2 storey house is 20+ feet according to Googe.
Leylandii grow to a height of 100ft by 20 ft wide. I don't know if it's a Leylandii but many conifers grow extremely tall and also don't take well to pruning.

CaptainBeakyandhisband · 17/06/2022 08:08

I think you should probably talk to the neighbour who owns the tree and see what they think. Having a TPO on a tree can be a bit of a pain as even normal maintenance work needs at minimum notification to the council. That said, it’s area dependent, where we live all trees have a TPO sort of by default - you have to notify the council of any work to any tree in the area and if the tree is not currently under a TPO they will consider whether it should be. They look at things like quality of specimen and amenity value. It’s also possible to remove a TPO’d tree but usually you would need a replacement plan agreed with the tree officer. And PP who said conifers don’t get TPOs is wrong - I have owned a TPO’d conifer before.

So I don’t think you are unreasonable to want to protect the tree from your neighbour, but you would be really unreasonable to burden someone else without a TPO against their wishes.

MintJulia · 17/06/2022 08:10

Is it a native species? Or something very unusual? If not, you are unlikely to get a TPO.

If it's a leylandii or similar, I'd want it cut down too. They are too dense, deny nutrients to other plants across a wide area and are very poor hosts to other species.

Bats are protected but I've never heard of them nesting in conifers.

Maybe do some more research. It being 'beautiful' is very subjective.

NewHouseNewMe · 17/06/2022 08:10

Having a tree with a TPO is very expensive; you can’t even trim it without having a specialist firm look at it and applying for planning permission. This is often refused which is annoying too.
The reasons for TPOs differ but normally it’s down to the significance of a tree or more commonly a canopy consisting of a group of trees seen to be symbiotic.
It isn’t granted for nice trees and I’d be surprised if a single conifer on its own got it.

LillyFlower1984 · 17/06/2022 08:39

Does having one in your front garden potentially put people off when selling?

NewHouseNewMe · 17/06/2022 08:48

I think it would depend on the scale of the tree @LillyFlower1984 . Almost every house on my street has a TPO on a tree or two! The 3 I’ve seen cause issues were a fruit tree that was rotten (removed), an overgrown tree planted in 1970s which has grown to cover the front of his house and caused the house to be underpinned, and one so close to the back door that they had to apply several times for permission to extend which they eventually got.

As I said, it’s a horrible thing to force a TPO on a neighbour unless needed.

JesusMaryAndJosephAndTheWeeDon · 17/06/2022 08:55

SquishyGloopyBum · 17/06/2022 08:03

A conifer wouldn't get a TPO on it. But bats are protected so any felling of it would need to be licensed and the bats rehoused properly (which would take time and cost).

The bats are your best bet.

Ha ha if only, we had a TPO on some leylandii trees in our garden. We weren't even allowed to prune the bastards, despite them killing the beautiful native deciduous trees next to them and every other think in the garden.

We applied for and got permission to remove them.

A TPO doesn't stop a tree being removed you just need a good reason. A conifer that size could cause subsidence which would be a legitimate reason to take down the tree.

kirinm · 17/06/2022 09:23

I'd hate you if you did that to me. I live in a conservation area and am not allowed to even trim the branches of neighbours overhanging trees without planning permission and at my own cost. Do you know how much a tree surgeon costs?

Fullsomefrenchie · 17/06/2022 09:36

There is no way that tree has bats living in it or it’s supporting bats. I’ve no idea what the op is on about. If she goes to the council and says fheir is bats living in my neighbours conifer they will think she’s having a laugh and is a time waster

op are you just wanting to mess with your neighbours?

LoveLabradors · 17/06/2022 09:58

I would be so annoyed if you were my neighbour. You don’t have to put up with a huge ugly conifer dominating your garden but think that other people should for your enjoyment. I live in a conservation village and all trees have TPOs . I applied to have horrible conifer (planted in the 80s and grew enormously) that dominated my garden taken down and was granted permission without issue. The tree officer didn’t like conifers either and agreed it was detrimental rather than a positive addition. And I love trees too. Plus we have many birds and bats and no sign of any nests in the conifer when it came down.

Original poster
ILoveMeSteakIDo · 17/06/2022 10:56

think that other people should for your enjoyment

Not for my enjoyment - because it supports a lot of wildlife. I've just watched a flock of starlings flying in and out of it. A small woodland was removed a couple of years ago nearby to make room for a large housing development so i do think the few remaining trees we've got are important. I don't want my neighbor to go sticking copper nails in it.

I've no idea why some of you are being so antagonistic. It's a question that I'm idly wondering about whether it could be done if you don't own the tree. I'm not rushing off to the council. I'm just asking questions.

I must be imagining the bats hunting around the tree all summer due to the numbers of insects that the tree attracts. If anyone wanted to cut it down they'd certainly need a tree surgeon regardless of the cost.

In amongst all the aggressive answers I've had some answers i wanted about TPOs so thanks for those who have been helpful.

OP posts:
Fullsomefrenchie · 17/06/2022 11:10

op, it’s highly unusual to see bats during the day, they are nocturnal. It’s not impossible but what you’re posting is hugely unlikely to see flocks of bats hunting insects during the day repeatedly.

I think maybe you need to educate yourself. I don’t know what you are seeing but it’s highly unlikely to be bats.

Original poster
ILoveMeSteakIDo · 17/06/2022 11:20

Fullsomefrenchie · 17/06/2022 11:10

op, it’s highly unusual to see bats during the day, they are nocturnal. It’s not impossible but what you’re posting is hugely unlikely to see flocks of bats hunting insects during the day repeatedly.

I think maybe you need to educate yourself. I don’t know what you are seeing but it’s highly unlikely to be bats.

Did someone piss in your cornflakes this morning or something?

I see them in the evening from 9pm onwards in the summer. Where did i say i see them in full daylight? I said I've seen starlings today. Starlings are birds. Not bats.

OP posts:
Diyextension · 17/06/2022 11:43

If you love trees so much and want to support wildlife then fill your own garden with them . Simple.

User76745333 · 17/06/2022 11:46

A conifer wouldn't get a TPO on it.

I have dozens of conifers with TPOs on them so this is entirely wrong.

Diyextension · 17/06/2022 11:51

We had a massive atlas cedar in the garden when we bought current house , the first thing the next door neighbours said when we moved in was could we cut it down , the branches where almost touching their house . Got it straight down before any passing tree hugger thought it might be a good idea to put a TPO on it , The birds soon found somewhere else to sit.

Badbadbunny · 17/06/2022 12:06

anon2022anon · 17/06/2022 07:31

Are you willing to contribute to costs to keep it in good shape, treat any diseases, and remove the stump and repair any damage if it comes down? If not, and it was in my garden, I would be fuming if you stuck me with a potentially very expensive issue thats none of your business. It should be the owners choice. Ifm someone is going to maliciously damage a tree in secret, a TPO will make no difference.

I agree. The problem with a TPO is that it's virtually impossible (and expensive) to trim/control the damn thing. Councils want a professional report on the state of a tree before they'll give permission for even gentle trimming - tree surgeons charge several hundred for the report alone, and then charge more than normal for a TPO tree to be trimmed/controlled.

We've got some in a neighbour's garden and he just doesn't give a toss about them. All 4 adjoining properties are affected by them, and complaints to him are just a shrug saying there's TPOs and he can't do anything, so tough! Our fences are regularly damaged by falling debris such as dead branches, and 3 huge limbs have fallen off in the past few winters which have damaged sheds, concrete fence posts, etc - none of which he'll pay for - he just shrugs and tells us to claim on our insurance!

Badbadbunny · 17/06/2022 12:10

@ILoveMeSteakIDo

If you're that bothered about the wildlife, just plant a few trees in your own garden.

You sound like a NIMBY really - don't want trees of your own, but happy to force a TPO on a neighbour so you can enjoy theirs with none of the responsibility.

Original poster
ILoveMeSteakIDo · 17/06/2022 12:25

Thanks for the helpful responses, i didn't come here to get insulted simply for asking a question. I'm not returning to this thread but i think i will just enquire with the council as to the process in case my neighbour indicates they intend to damage the tree at any point.

Have a lovely day now.

OP posts:
BlueMongoose · 18/06/2022 18:25

Most trees do not belong in domestic gardens, unless they are very large gardens. They can damage foundations, and drains, and even in large gardens can overshadow other houses with smaller gardens as well as the one they're in. We have a fair few in neighbouring gardens. I wouldn't ask for them to be taken out, though we did ask for the ivy in one large one to be removed as the winter wind loading on the tree was so great we were concerned it would come down on our garage. But they aren't fun- they cut out a lot of light, even more so from neighbours at the back with tiny gardens, and the fruit from one of them falls on one of the smaller houses' greenhouse and breaks panes.....