Tpo

Section106

GeorgeTWD wrote: »

We already have done all you have said, it falls on deaf ears, we can't get a tree surgeon to go against the councils tree surgeon, read my previous posts.

Can you scan/take a photo of the part of the report which says the tree is diseased and dangerous and post this? You can block out any information which might identify you or the property.

If the tree is so dangerous there is a risk of it falling over at any moment (on your wife or people sitting on the bench) then the council would be negligent if they failed to take any action. It is highly unlikely the council would make a TPO on a diseased tree which posed such a serious risk.

It is more likely that you believe the risk to be greater than it actually is. But without you sharing a copy of the report I would accept that is just an assumption on my part.

[Deleted User]

So what we have here is many sensible people giving similar advice, and an OP who replies to every suggestion by telling the poster that they are wrong and don't understand.

George, what would you like us to say? "You're right, it's all a conspiracy"?

Insurers will happily insure houses with trees in the garden,
TPOs get put on many trees, and a lot of these are in people's gardens.
You can remove a tree subject to a TPO if it is diseased or dangerous.
Secure council tenancy is often more secure in the long term than ownership when you take care into account.
If there is certain to be a massive house price crash, then you are better to buy afterwards and not waste money.

da_rule

Let’s try and cut this back a bit (pardon the pun).

The Council have protected a tree on their land as they obviously believe that it is worth protecting (regardless of type) and it was under imminent threat (as a result of your enquiries with a tres surgeon and your right to buy application). Council’s don’t usually protect trees on their own land as they have a duty to look after their estate.

What stage is the TPO currently at? Is it provisional? If so, you need to object, on proper planning grounds in relation to TPO’s by the deadline for objections. If it has been confirmed then you have 6 weeks to challenge the decision at the High Court (again, on one of the grounds covered by the relevant section of the Town and Country Planning Act).

If that deadline has passed then the only way to get the TPO removed is to convince the Council that they are wrong (which doesn’t appear to be working) or make an application to do works then judicial review their decision to refuse permission (if they do refuse).

I can’t accept that there are no tree surgeons willing to go against the Council. There are planning agents who make a good living dealing with disputes with Councils.

Ultimately though, you’ve withdrawn your right to buy so if the tree does fall and cause damage/injury then the Council will be liable. They will be aware of this and will have very large insurance policies in place to cover this risk. I know this doesn’t necessarily give you much relief as if the tree fell it could be catastrophic. However, in your current situation you would still need the Council’s permission (as landowner) to remove the tree even if it wasn’t protected.

GeorgeTWD

The Council have protected a tree on their land as they obviously believe that it is worth protecting (regardless of type) and it was under imminent threat (as a result of your enquiries with a tres surgeon and your right to buy application). Council’s don’t usually protect trees on their own land as they have a duty to look after their estate.

da_rule,

You are right, and the only one to spot that, let me explain, we got two tree surgeons out before we exchanged contracts on the bungalow, just to get an idea what the cost would be, when the councils tree surgeon (informed by the tree surgeons we had had out) he made the TPO on the tree, he thought we already owned the bungalow, that is where he went wrong, he never thought that it was still a council owned property. Good job we did, imagine getting into all this after we had bought!.

"What stage is the TPO currently at? Is it provisional? If so, you need to object, on proper planning grounds in relation to TPO’s by the deadline for objections. If it has been confirmed then you have 6 weeks to challenge the decision at the High Court (again, on one of the grounds covered by the relevant section of the Town and Country Planning Act)."

We sought advice on this at the time, we were told as it was a "Black popular" there was no chance we would be successful, we were told there are only about five hundred black popular trees left in the UK. We have since learned that that was not the case at the time as it was not known by the council. We are now too late to go to the High court, we have been informed by our solicitor that it would cost tens of thousands to take it to court, our solicitor has seen pictures of the tree, he is astonished that a TPO has been placed on the tree, he thinks it is a very dangerous tree.

"I can’t accept that there are no tree surgeons willing to go against the Council. There are planning agents who make a good living dealing with disputes with Councils."

You are wrong on that one, I got a tree surgeon from outside the area who had no dealings with my council, he said "It needs to come down, then as the conversation progressed, he then said "What about pollarding/pruning the tree back, we would come out and do it every couple of years, then the said "What about cutting it back to about ten feet off the ground, make it an ornamental tree".

Take my word for it, that is how they go on, it seems money does talk.

babyblade41

I've seen posts like this all too often over the last couple of weeks.

OP's state something and want everyone to back their argument and invariably won't listen, accept, take notice of anything that's said

I find it really hard to understand any of the OP's post as it goes rambling off on all and sundry when it's clear as the tree in your front garden (if there is an actual tree)

You can't be anymore secure than renting from the council, wish I'd had the opportunity to many years ago.

Your whole idea of buying doesn't make a lot of sense and if I'm being honest you really are barking up the wrong tree here

My advice FWIW , stay as a tenant I'm really not sure home ownership is for you, leave the damn tree out of it if it's TPO'd then that's the end of it.

If the council are aware of your concerns and they have had an assessment I think the reason you are not getting any further with it is because the numerous emails you have sent are now going into the junk folder automatically

Stop watching Parliament TV and get outside and be around real people, MP's can't really be classified as real !!

Look at that lovely tree and it will no doubt outlive you and the next generation as it is wise and has seen people like you before and will do again in the future...remember you may end up under a tree at the end so be nice to them now

Alan2020

I really don't understand this, how would the council even know a tree surgeon visited, I am sure your neighbours love the tree.
You only call the tree surgeon when you are ready to cut, before your neighbours can even get the phone and start calling the council, tree is gone. Don't understand how many quotes and assessment you need to cut a tree.

When you view a house note all the trees you want to get rid of, check council website for TPOs, once you have house the moment you get keys come with tree surgeon and hack the whole lot, that's why I do before all the neighbours start moaning about their privacy and outlook and all this nonsense.

GeorgeTWD

"remember you may end up under a tree at the end so be nice to them now"

You have at last got something right, when the tree comes down in high winds we very probably will be right under it and very dead.

GeorgeTWD

Alan2020,

You obviously have not read all my posts, I have already stated the tree surgeons had been in contact with the councils tree surgeon before the TPO was placed, on the assessment of the tree written by the councils tree surgeon he states that he had been told by tree surgeons that been asked to cut the tree down. If your going to comment then please get your facts right!.

By the way, the nighhbours think it's a dangerous tree, I get the impression they don't want to get involved in a dispute with the council, can't say I blame them.

davidmcn

Already pointed out upthread, but as you appear to have missed - it's a poplar.

GeorgeTWD

"Already pointed out upthread, but as you appear to have missed - it's a poplar."
davidmcn,

You are right, I keep on doing that for some reason.

I could put the assessment form on but it has a persons name on it, so can't post it on here.

Anyways, anyone know where we can get buildings insurance from?.