Cut down tree with TPO - help!!

[Expelliarmus88]

Hi
We have just found out there was a tree in our garden that had TPO but we were never informed when buying the house. We did the garden years ago and don't even know if this tree was part of it but there are no trees in our garden anymore. Its come up now we are selling the house - what do we do ??
Thanks a lot!

Yes the rule is, other than the fine the home owner needs to replace it with a similar tree. Which is not always feasible and if they sell it passes to the new home owner who has to.

Where did you get the information that there is a tpo? Could there be a mistake?

So you felled everything in sight and now you are whining that you might get fined?

Sorry, you do deserve it.

Sorry update
One section mentions a TPO number and the other section where it specifically asks if there is a TPO without the abbreviation - it says no. No idea where we stand now.

Likewise.

I hate to hear of this.

You’ve destroyed so much wildlife habitat it is hard to have any sympathy for you.

I am naive so how does it affect a sale, a fine and replanting I agree with.

I’m amazed that your neighbours didn’t report you at the time they were being felled.

Because no one is going to want to buy a house if they have to pay a huge fine and deal with a lot of legal stuff. The tree is in effect part of the property and can’t be removed.

Fine can be up to 20 k and replanting can also be expensive as in thousands as it would likely be a mature tree, or as mature as she can find and it will change the garden if she’s to plant a fuck off big chestnut tree..

As a pp said you can't get indemnity insurance for this criminal offence.

Get a copy of the order and see which trees were/are protected.

Go on Zoopla historic listing and see if the protected tree was present when you bought the house.

If it was present you need to deal with the consequences of breaching it.

If it wasn't present then you need to get the TPO varied. It's not quick but can be done

No reputable tree surgeon cuts down trees or even prune or pollards them without checking with or getting planning first. Because they will get in too much trouble if the don’t.

In conservation areas you need planning permission just to prune some trees. Surgeons will look at the tree and then tell you how long it will take to get the planning okayed.

I can’t really get my head round felling trees because you were burgled - why not just buy super strong lights and motion detectors? Or improve your home security? The trees were not the reason you were burgled.

We had a tree surgeon out to cut down 2 trees in our garden and the first thing he asked us was have we spoken to the tree officer.

We contacted the tree officer who said no tpo and fine to cut down the trees which we did.

But the tree surgeon did check.

You can’t lie.

my neighbour has taken down lots of trees with TPOs. The local authority has access to a map system that shows overhead photos through the months of properties in the area. They will be able to pinpoint the year you took down all of the trees.

Definitely check with your solicitor from when you bought the house, a TPO should have come up on your search.
If they didnt notify you then you might have recourse through them
Secondly who cut the tree down,?? TPOs are placed on older significant trees that are usually visible within their landscape, I'm surprised a tree surgeon didn't carry out any checks before felling, particularly if you are also in a conservation area. Can you double check with the tree surgeon??
It's very sad its been felled, you may be liable to a fine and will need to replant, particularly if you can't prove it was felled before you purchased the property, but as current owners it's probably down to.you to sort it out for prospective buyers before the sale.

Yes, replanting usually means replanting with the same species and size as far as possible. Also, if by removing the tree you have added value to your property, this will also go against you if it goes to court. There’s been some high profile court cases - people removing a tree that blocks a view, for example.

Your local council will have a public register of all trees with a TPO, for example - www.elmbridge.gov.uk/planning/trees/protected-trees/how-to-use-the-tpo-search/

You can search by address or designation number and it will tell you about the tree. You can use this information to search your local planning portal to find out if any applications have been put in for the tree for removal etc…

Thanks all!
We will definitely replant and are happy to pay the fine for our stupidity
Do you think we can agree with our buyers to go ahead with the sale if we confirm to sort this TPO issue out and are held responsible for it ? Is this something the lawyers can draft?

maybe but it’s going to be about the location of the tree, the timing, the impact on their garden, the size of it, you need to go as mature as possible, but they are ultimately going to have a big old chestnut tree there.

You can likely do it before completion and have completion held off based on you getting it done satisfactorily.. I’d not be letting you in at your whim to do it and the mess will be huge. Plus what happens if it doesn’t survive?The fine you need to work out with thr lawyers and the council.

I have a bastard tree in my front garden with a TPO on it!

I wish I'd chopped it down before I knew! Taller than the house, blocks our light, drips sap on my car in the drive!

I bloody hate it!

How would chopping it down before you knew make any difference? It would make it worse - you’d have to put the tree back, plus pay a huge fine.

I don't know about the title deed, but it should have shown up in searches.

As for the NPTC qualification, which one? There are a lot, and there's a big difference. Forestry and Arboriculture, or would it just be one on how to operate a chainsaw safely?

The problem is that the buyers might not want a huge chestnut tree in their garden. It depends. And the new tree will also have a TPO on it.

I hope you manage to live a happy fulfilled life eventually. As your PH shows how shit your life must actually be. Sorry.

This is true re: buyers not wanting the house anymore. It's such a shame as we are all desperately trying to move due to mortgage offers expiring! Ah. Guess it's my punishment for destroying nature like a lot of you on here pointed out!