Tree Preservation Order

CE85

Hi Everyone

We recently bought a house with a tree at the end of the garden that is subject to a TPO. Ideally, we’d like to cut this tree down. I’ve contacted our local council who directed me towards the planning portal site and I’ve had a quick look at this. It looks like I’m going to have to do a lot of reading to fully understand what is required, so I’m in the very early stages!

I just wondered if anyone has successfully applied to have a TPO lifted and if you have any tips or advice?


Thanks

Davesnave

When you decided to purchase the house, you took on the tree in the full knowledge that it was protected, so what has changed?

That's the rather obvious question your local tree officer will probably ask if you apply to have the TPO lifted.

There's no tips on this, because you'll find that removals of TPOs are very rare and limited to specific site circumstances, rather than something generally applicable. Incurable disease is probably the only reason which applies universally.

If the tree is threatening your or someone else's house the council might relent, as they have with one I know in the grounds of a college, but there the tree is suffering too, so it's a no win situation for all. A replacement tree will also have to be planted.

You won't need to have a TPO lifted to have essential work done on the tree, including reduction, but you will need permission, which would probably only be granted on the recommendation of a properly accredited tree surgeon. This also applies to work that might be needed due to disease or age.

CE85

Hi Davesnave.


We bought the house in full knowledge of the TPO. The tree is at the end of our garden and it isn't the end of the world if it can't come down, we'd just prefer it if it could. Hence the reason we're looking into this.


If we can't cut it down, we'll apply to have it cut back. It is a massive tree and (if it's staying) it could do with some TLC.


I was only wondering if anyone had done this before. As there is an option to apply for the order to be lifted, I assume that someone must have done it.


Thanks

Debbie_Savard

The only likely technique is if the tree would damage property when falling in which case you write to your insurer who will inform the Council they will pass on all costs. In most cases the TPO is lifted as Council can't cope with being liable.

If you just don't like the tree, you have zero chance of felling but may have luck with thinning, crown-lifting if you get an arborialists report.

elsien

We tried with an oak tree that was well past its prime. Initially they said we could only remove the damaged bits (which cost more than expected -as it was such a big tree the smaller businesses on the recommended list didn't want to touch it.) After several years we got permission to have it cut down but only because it was obviously dying and they could see the deterioration since the previous visit.
No-one ever checked to see that we'd planted a replacement tree though - we never did bother.

Robster88

CE85 wrote: »

Hi Davesnave.


We bought the house in full knowledge of the TPO. The tree is at the end of our garden and it isn't the end of the world if it can't come down, we'd just prefer it if it could. Hence the reason we're looking into this.


If we can't cut it down, we'll apply to have it cut back. It is a massive tree and (if it's staying) it could do with some TLC.


I was only wondering if anyone had done this before. As there is an option to apply for the order to be lifted, I assume that someone must have done it.


Thanks

TPOs are placed on trees that generally have significant visual amenity in the area. Isn't it a bit mean to apply to have a tree cut down that has been protected because it is appreciated by many because you personally don't like it?

glasgowdan

Robster88 wrote: »

TPOs are placed on trees that generally have significant visual amenity in the area. Isn't it a bit mean to apply to have a tree cut down that has been protected because it is appreciated by many because you personally don't like it?

Many areas have blanket TPOs that take no account of individual trees and their amenity value.

WeAreGhosts

I'd not waste your money. My neighbour has a tree in her garden, a sycamore - 90ft tall - which overshadows our house. She applied for it to be taken down after commissioning a professional to check its stability. The arboreculturalist (sp?) said it's unsafe, but the planning officer overruled and says it is a great visual amenity and must stay. So now we worry every time there's strong winds

Robster88

glasgowdan wrote: »

Many areas have blanket TPOs that take no account of individual trees and their amenity value.

Area (or 'blanket) TPOs still take into account the trees' amenity value, however it may be expedient to create an area TPO when this applies to a lot of (or group of) trees. The legislation for placing TPOs specifically mentions that it must be in the interests of amenity.

Seanymph

You can't do anything to it without permission unfortunately.

And if you do, the fines are fairly large...

phoebe1989seb

Seanymph wrote: »

You can't do anything to it without permission unfortunately.

And if you do, the fines are fairly large...

.....unless you happen to be our neighbour, who removed every tree in his garden (some with TPOs, all within the Conservation Area) and got away with it :mad: When he applied for planning permission to [STRIKE]ruin[/STRIKE] remuddle his early Victorian cottage, he was granted permission on the understanding he replace any tree that was removed during the process. Sadly by then it was already too late.....

I'm afraid I have to agree with Robster88 and question your reasons for removal......