New Build - overhanging TPO Tree - pics

[Oatflat24]

Hope someone can help.

In process of buying a new build. They are pressuring us to exchange/complete missives.

They went through all the site plans with us - their agent and site manager, just before Xmas and they mentioned there would be trees behind and that it was private land.

we thought didn’t think much of it as nice for privacy, but the pace has really picked up far quicker in past two weeks and they’re pushing to exchange!

We’ve not even see the plot properly. We had a sneak down on site - that was when we saw the trees, well one freaking huge tree (we know it has a TPO as they told us).

We found out the land at the back has a public bridleway running along it so got right up against the back of the houses.

The tree is enormous, and so close, they did not tell us this, but is slightly off to side so not that bad in terms of light if it weed to be cut back I don’t think?? Interested to heard others thoughts - we’re south facing garden.

But we can see it’s going to be as tall as the house and is right on the boundary line - what’s worse is that it completely overhangs the whole garden!

One rather large branch will come right over where the sun room is and over its roof!

Trees have been coming down left right and centre round here over these past two years as the bad storms have increased so we’re worried, but also how can we buy a house where the garden is totally over hung by branches - it’s the danger factor as well as light.

We told our solicitor - apparently it is not on any of the plans she has seen!

Spoke to agent who told us oh yes well when they get to your garden they will cut it back - so we said well they can’t without distinct planning as it has a TPO. Is that in place?

Site manager was called and we ascertained they hadn’t applied for planning currently and neither of them seem to realise how big it is.

Then they tried to say well your fence isn’t in yet so how do you know it’s overhanging but we can see by walking further up to where more of the finished properties are that the fence line pretty much matches up with where the crash barrier is round ours.

Where did we go with this - surely we can’t buy a property as it currently is, how easy is it to get landowners to cut invasive trees with TPOs back?? Is planning easily granted? Is it a dead duck?

You are right to be asking these questions.
It's a beautiful tree and will provide welcome shade and wildlife. (And block out light and drop leaves)

It's quite easy to get consent for works to a TPO if it is in the interests of the tree. All trees need maintenance to keep them safe and healthy and a qualified tree surgeon would be able to advise.

The issue you have is persuading the owner of the tree to have any work done. Even if you offer to pay, they are under no obligation to give permission.

Whilst normally you are allowed to trim anything that overhangs your property you are on dodgy ground with a TPO in place - consent for one-side work is unlikely to be given if it makes the tree unsafe. In addition, TPOs are made due to the aesthetic value of a tree, so similarly anything that makes it less attractive is unlikely to be viewed favourably.

@Seeline what about in terms of safety, it overhangs the sun room roof completely, would be almost tickling the windows at the back. And obviously that’s only going to get worse??

I can’t understand how anyone would buy it even if we don’t.

I’m going to try find out who the landowner is - I’m actually not sure it’s private land….but the site the houses are on were fake scrubland so likely to be same person.

Agent did say they’ve had to do it all the way along (don’t really take anything they say as red tho!!!) but this is the biggest tree by far, however it’s likely to be the same owner (of the land) so you would they would be able to say whether they gave permission for the others.

We have a very large tree in our garden which has a TPO. We have an excellent tree surgeon who comes every couple of years to check its health and if there are any dead branches at risk of falling etc. Whenever he has applied for permission to do any work, the local authority has been very strict in that only dead branches have been allowed to be cut off. Anything else he has ever proposed (which he felt was in the best interests of the tree) has always been rejected. It does also overhang into our neighbour's garden quite significantly, and our neighbours would like it cutting back a bit, however permission for this was rejected completely as it wasn't in the best interests of the tree.

Same as PP, we were not allowed to remove or significantly cut back a tree that was causing a real nuisance to our drive and that if our neighbours. There was no TPO but it was a conservation area and the Tree officer at our council is really strict so you might want to find out what your council’s attitude is.

A friend of ours has this. They cannot find out who owns the tree and so can't get any work done it. It now has some form of disease and is a ticking time bomb in terms of when it will just fall down and go straight through someone's shed/conservatory (depending on which way the wind is blowing!)

We have several around our house like this, they are a nightmare for blocking gutters. I love trees though so willing to put up with the shade and leaves but the £1k a year to have gutters cleared which are as bad again a month later is a total pain. As others have said we end up paying for the tree surgeons and they will only remove at risk branches. I don't worry about them falling tbh as they're regularly checked for health and its part of the risk when you live around trees but I think the benefits far outweigh the downsides.

Perpetual shade in the garden, probably a lot of moss in the grass, and on the roof also.
Would probably be a no from me.

I love a mature tree and our previous house had a huge garden which was a veritable woodland.
But............. None of them were anything like as close to the house as that one.
Yes you will get shade and wildlife but you will also get (as pointed out by a PP) moss, leaves and debris.
Never thought I would say it but I think it would be a no from me. ☹️

How close is it to the house? Anything under 10m may affect your insurance premiums

That’s a beautiful tree, but I’d actually prefer it in my garden, then I could make sure all proper maintenance was carried out. As it is you could have all the disadvantages and no control. I think it would make me think twice.

I would never again live in a house where there’s large trees near the property that will, without question, cause shade. Worse still if there’s a TPO attached to it. I Bought the house I’m currently in during December 11 years ago when there wasn’t a leaf to be seen, nor was there any sunlight during the viewing, so it didn’t occur to me whatsoever that once spring and summer rolled around and the tree was in full leaf, that after 4pm every day, even without a cloud in the sky, the garden is in full shade. I have applied to the council many times asking to have it shortened (there’s a blanket TPO on all trees near me) and each time I’ve been denied because “it will spoil the shape of the tree”.
So, unless you like a lot of shade and potentially a cool house even in the height of summer, not to mention shitloads of leaves in autumn, then personally I would never knowingly buy a house on such a plot.

Have a look at the planning permission for the houses. I imagine it will be mentioned on there and tightly controlled. You might have to trawl through a few documents depending on how big the development it. There is usually plans, conditions on the approval and a tree report.

I wouldn't believe a word they say about them getting planning permission.

Don't be bullied into exchanging.....

Deal breaker for me. I love trees but past experience would have me running for the hills

Seriously, I would back out.We live in a road with enormous, mature Lime trees which are a nightmare. Council owned but not maintained. I don't know what species 'yours' is but as well as leaves (lots) you may also get sap in summer - everywhere. Every time the wind blows, stray branches.
You'll have no control with a TPO but it will affect your light and whatever you plan to do with your garden.

Trees are wonderful- in the right place.

We have a tree with a PTO. The tree officers are very strict. It's all about best interest of the tree. Trimming and maintenance is limited. It is likely the tree officer will not allow the tree to be trimmed just because you feel it is too close to your property.

I would pass on the property. Our tree is beautiful but it is in dire need of maintenance much more significant than the tree officer will allow. It was neglected by the previous owners for many years. The tree was supporting so much dead wood and some of the main boughs were very weak and overburdened. After we got permission to get it maintained the tree became so much healthier and looked so much better. The maintenance was the minimal allowed and it could really benefit with significant thinning and the crown lifting further.

Our tree surgeon is so frustrated as part of the tree is diseased and needs cutting off to preserve the rest of the tree. The earlier this is done, the less tree needs cutting off. The tree officer says it is early stages and fine for a few more years. This means when it is deemed bad enough by the tree officer the disease will have spread further meaning more damage to the tree.

I’ll say it because no one else has - that tree’s roots will be as long and wide as its branches. So they will be going right under your house, your drive, your garden, and causing all sorts of havoc in the future.

It looks like an oak tree. I wouldn't want it any closer than about 20-30m away from the house for structural reasons. Hard no.

It's an oak tree. It's not invasive. I would pull out of the purchase, sorry. They should never have planned to build houses so close to it, especially as it has a TPO. You will not be allowed to cut anything from it.

I very much suspect that you won’t be able to cut it back (a) because no one will get permission unless there is something wrong with the tree itself, and (b) you don’t own it, and I suspect the owner will not want to go anywhere near this, it will be expensive and an admin nightmare.

So whatever you decide to do, assume the tree stays!

If already overhanging the plot to the extent it is over the roof of part of the house you may need to pass on this one as getting it reduced is difficult. Unfortunately cutting back healthy trees inevitably introduces disease and over the long term they die. Hence why good tree surgeons tend to thin trees but not chop back (pollarding).

Perhaps you could speak urgently with one of the tree officers at the council?

Are you absolutely certain it has a TPO? When we bought our house nearby TPOs were included on the searches and none of ours were that close.

The new build development my mum lives on had trees in the site plans and formed part of planning but they didn’t actually have TPOs on them so when they exchanged people just chopped them down. One by the owner and one by a neighbour (as in, not their tree). The fine for cutting down a TPO is about £10k so you could just do it and accept the fine.

Personally it’s a stunning tree and I’d pay good money to live next to it. It’s beautiful and you’re so so lucky.

Living in a house with a garden that is perpetually shaded is soul destroying. I love trees but wouldn’t want one that big in my garden.

Agree with many others, TPOs are a curse, especially if the tree isn't yours.

Also big risk with all the storms we have been having lately, if it falls on the house who is going to pay, given that the council will refuse all reasonable maintenance to reduce any damage risk.

But it's a bit shocking that you seem to be buying off-plan and are being pressured into exchanging without really seeing the property or having this major issue resolved.

So it's a no from me too.

I would withdraw from the sale. You’ll find it difficult to get buildings insurance and the roots may cause issues too.