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New Build - overhanging TPO Tree - pics

54 replies

Oatflat24 · 27/01/2024 10:57

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?

New Build - overhanging TPO Tree - pics
New Build - overhanging TPO Tree - pics
New Build - overhanging TPO Tree - pics
New Build - overhanging TPO Tree - pics
OP posts:
TizerorFizz · 28/01/2024 17:52

I’m getting tired of saying this!!! Building regs will require foundations to take account of the existing tree! It’s perfectly normal for engineers to specify what depth is needed. We have a mature oak around 4m away. Deep foundations mean it’s absolutely designed to withstand a tree. You simply will not get issues if it’s designed properly. Trees are not felled for development these days so of course developers and engineers design for them! Just accept this tree won’t give subsidence or heave. It might drop a branch or two though. That is the bigger risk.

Oatflat24 · 28/01/2024 18:24

Thank you @TizerorFizz

OP posts:
Oatflat24 · 28/01/2024 18:27

Thank you all.

We have a meeting with our solicitor tomorrow and have posited some of the questions raised on this thread to her on email ahead of this - as well as the pics I took.

We have reiterated that we will not be doing anything else without a site visit with the site manager

And have sent on the Arborist report and supporting document from the original planning to our Sol.

Will see where we go from there.

OP posts:
BlueMongoose · 29/01/2024 15:38

I'd pull out of the sale.
Trees are all very well and good, but not close to houses. It's not just the canopy or the risk of boughs falling off, it's the roots- and not so much foundations IF you can trust them to be properly designed and built, as drains. Older houses with mature trees that have got out of hand are bad enough, but building right next to one is bonkers.
Our neighbour has lost four boughs from just two of their old trees in the last couple of weeks, one of which landed on and squashed our young hedge, one ended up on the road + pavement and could have damaged a car or brained a pedestrian, and another ended up hanging from the telephone wire. They have numerous other trees. One of the current 'droppers' would hit our house if it came down completely.

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