Neighbour planning application - Protect tree - PWA

GDB2222

Several questions all in one post. I’m not sure that is a great idea, but here goes.

My new neighbour has just put in a planning application which includes a new full width extension at the rear. I’m not too fussed about it, except for the effect it will have on our oak tree, which is close to the boundary.  It’s a fairly young oak tree, around 40 to 50 feet high. It has a tree preservation order on it. 

The root system undoubtedly extends into the area where the neighbour plans to build. It might be possible for them to cantilever the extension so as to avoid damaging the tree, but there’s nothing about that in the planning application.

Eventually, it being a young oak, the roots will extend further under the extension and may well cause subsidence.  Who is responsible for repairs? We are on shrinkable clay soil.

What is the best way of dealing with this issue now, at the planning stage?  I have no wish to upset the new people moving in, but I don’t want them to damage the tree, and I’d like to avoid future damage claims.

On a PWA, their extension will be around 3.5 metres away from my house. But we have a path, paving, and steps all within 1.5 metres. Is this covered by the PWA? I have no real idea whether they will be excavating below the depth of the foundations of my house, but it does seem rather likely, given that my house was built 80 years ago? Clearly, they will be excavating below whatever foundations the path etc sit on.

Thanks for any help.

GDB2222

Oh, and our drains run under the path, ie a metre or two away from where they want to dig.

Doozergirl

The tree officer will be consulted and there will be a condition put on the planning approval if it is successful. 

I'd put a comment in, almost identical to what you've said to us, just to highlight it and ensure nothing falls through the gaps. 

It doesn't need to be an objection, I think you can be neutral.  

Section62

Doozergirl said:

It doesn't need to be an objection, I think you can be neutral.  

I would make it an objection (in relation to the tree) as anything else tends to get ignored.

The tree officer should be consulted, and make a recommendation, but I wouldn't leave that to chance and instead would contact them directly to make sure they have seen the application and will be making comments.

GDB2222 said:

The root system undoubtedly extends into the area where the neighbour plans to build. It might be possible for them to cantilever the extension so as to avoid damaging the tree, but there’s nothing about that in the planning application.

Eventually, it being a young oak, the roots will extend further under the extension and may well cause subsidence.  Who is responsible for repairs? We are on shrinkable clay soil.

What is the best way of dealing with this issue now, at the planning stage?  I have no wish to upset the new people moving in, but I don’t want them to damage the tree, and I’d like to avoid future damage claims.

Being on shrinkable clay soil with a TPO'd tree nearby the planning application should already be addressing this with a workable solution.  I would have thought nothing but piled foundations are likely to be acceptable in this kind of situation.

The reason why I'd suggest you make a clear objection to the application is that will create a permanent public record that the risk to this extension from the tree had been highlighted before construction.  If the owners attempt to make a claim against you in the future you (or your insurers) could potentially use that public record as evidence to reduce/minimise the liability you have.

To avoid causing any upset with the neighbours you could include within your letter/email of objection that you would not be opposed to the work provided suitable arrangements were put in place to protect the tree and that the design of the foundations is appropriate to the situation.

FaceHead

How far is the tree from the proposed building? The tree is near the boundary and the proposed building is 3.5m from your house, so probably around 3m?

If so, specially designed (~3m deep) foundations are needed. Getting it surveyed, designed and built is going to be much much more expensive than if the tree wasn't there. Particularly given that the tree will continue to grow. Are they aware of the cost implication? It could be sufficient to make the project unviable. 

GDB2222

Thank you all very much indeed! 

I spoke to the architect yesterday, and he intends to pile the foundations. I'll put in the objection, anyway, and try to get them to make it a condition of planning approval.

It's quite hard to find out just who the tree officer is!

TELLIT01

Not directly relevant to the OP's question, but surely an oak tree that close to the extension is likely to cause problems for the main properties in time too.  I've just read this in the 'Architects Journal'   

"Most trees in the UK have a significant radial root system, extending one to one-and-a-half times the height of the tree.

Severing just one of a tree's major roots during careless excavation for construction or services can cause the loss of up to 20 per cent of the root system; this undermines the tree's ability to absorb water and also leaves it unstable in high winds."

GDB2222

A small update. I sent in the objection, along the lines above, and I'm just waiting to hear what the outcome will be. I'm expecting the planning application to be approved, but with conditions. So, the question is what conditions will be imposed?