Seller cut down listed tree - risk to property?

moneyistooshorttomention

I'll agree with the tree itself isnt likely to cost much.

Re the "work" planting it - then there is an element of variability on that. I know there is a chance I couldnt plant anything that substantial in my garden - down to a combination of being a not particularly strong woman and the clay soil in this particular garden (which, apparently, has never been properly dug over by any of the previous owners of this house and has proven all too prone to large/heavy chunks of rubbish lying some inches down hidden in said soil).

So - if OP has reasonable amount of physical strength and reasonable soil in their garden (with rubbish having been duly removed at the time by anyone due to do so) then...yep....they could probably do it themselves. If not - then they might have to find/pay someone else to do it. We dont know OP's circumstances or what the garden is like.

POPPYOSCAR

Freecall wrote: »

Really!

With a TPO?

Sounds more like a large bush than a tree.

You would be surprised.


We have 20 trees with preservation orders on, one of which is a holly bush!

Riggyman

moneyistooshorttomention wrote: »

I'll agree with the tree itself isnt likely to cost much.

Re the "work" planting it - then there is an element of variability on that. I know there is a chance I couldnt plant anything that substantial in my garden - down to a combination of being a not particularly strong woman and the clay soil in this particular garden (which, apparently, has never been properly dug over by any of the previous owners of this house and has proven all too prone to large/heavy chunks of rubbish lying some inches down hidden in said soil).

So - if OP has reasonable amount of physical strength and reasonable soil in their garden (with rubbish having been duly removed at the time by anyone due to do so) then...yep....they could probably do it themselves. If not - then they might have to find/pay someone else to do it. We dont know OP's circumstances or what the garden is like.

Oh give over. For £100 I will supply compost, hormone rooting powder, and labour to plant the new tree perfectly. I'll even give it "a good drink" ala Monty Don. If this new house costs £100k this represents 0.1% of the house price (excluding fees), if the op can't afford this, I suggest they think again.

AnotherJoe

POPPYOSCAR wrote: »

You would be surprised.
We have 20 trees with preservation orders on, one of which is a holly bush!

So how did that occur? Is it a blanket TPO covering all trees? Does it specifically name trees with a map?

POPPYOSCAR

AnotherJoe wrote: »

So how did that occur? Is it a blanket TPO covering all trees? Does it specifically name trees with a map?

When we applied for planning to build on the plot the council sent an expert to examine it.


They then sent us the details, I cannot remember now if it was a map, it probably was. They also advised us that to damage or remove any of these trees could result in a fine of up to £20,000.


Many of these trees needed attention and we had to get a comprehensive report of what needed to be done for their approval before we could go ahead.


One of these trees came down in a storm and crushed the holly bush so I contacted the council and advised them.The same guy
who put the TPOs on told me it was ok and that the holly bush would recover, which it did.


Why the Holly bush has a TPO is beyond me, at the time is was only small. All the others are mostly old Horse Chesnuts, Oaks, a Lime , a Pine, a birch, a willow, a poplar and one Holly.


But to answer your original question no it is not on all the trees.


Just dug the papers out.


7 pages in total both sides and a detailed map of the trees each one numbered - a total of 35- more than I thought!

Okrib

This is absurd. Your solicitor is really doing a dreadful job and has given you atrocious advice. I’m guessing they must be some sort of conveyancing house?

Why aren’t people prepared to take a view on anything these days?

Worse case scenario – you have to replace a small tree at a nominal cost. That’s the only downside.

sheramber

http://planningguidance.communities.gov.uk/blog/guidance/tree-preservation-orders/replacing-protected-trees/

Under section 206 of the Town and Country Planning Act 1990 landowners have a duty to replace a tree removed, uprooted or destroyed in contravention of the Town and Country Planning (Tree Preservation) (England) Regulations 2012. This duty also applies under section 206 if a tree (except a tree protected as part of a woodland) is removed, uprooted or destroyed because it is dead or presents an immediate risk of serious harm.

The duty transfers to the new owner if the land changes hands.

Replacement trees should be of an appropriate size and species and planted at the same place as soon as the owner of the land can reasonably do this.