What do I need to know about Tree Protection Orders?

jenni_fer

We're viewing a property next week which notes there is an Oak tree covered by a TPO.
It's close enough to the house that some of the branches are apparently nearly touching the windows.

We've checked the soil type, shouldn't be too high a subsidence risk.
We'll take a tape measure to see how far away it actually is so we can check insurance terms.

What else should we be researching, checking before and/or while we are viewing?

We'd obviously have a specialist survey if we had an offer accepted but I'd like to do as much to reassure us it'd be ok, or rule it out before I fall in love with the house.

user1977

Bear in mind a TPO doesn't mean you can't do anything to the tree, it means you need to get consent in order to do so. So if it needs work (e.g. because the branches are actually touching the windows...) then in practice you'll be able to, just need to justify it first.

propertyhunter

I have a property that has a tree with a TPO on it - but its far from the house. You can't trim or fell the tree without permission from the council, otherwise it's a criminal offence. You can get a sense of how your council deals with requests to trim trees or fell diseased trees by visiting the council planning website and searching the applications - it usually gives you a good sense of what they allow (reducing crown height seems to be ok in our area if light is being obscured). 

If you tree is close to your house, and to the rear of the property, consider the impact it has on future redevelopment (extensions, etc.). It's very unlikely you will get permission to fell a protected tree to put an extension up, for example. 

My house insurers wanted me to confirm any trees that get 10 m or higher are at least 10 m from the house, so consider that when you view and get your tape measure out. 

eddddy

As others say, you have to apply for consent from the local council to do any work.

Tree surgeons tell me that the tree officers at some councils are extremely difficult and won't give consent for any work, but tree officers at other councils are much more easy-going.

Maybe ask the sellers if they've ever applied for consent for work on the tree - and whether it was allowed or refused, and how easy the council was to deal with. (But bear in mind that the sellers might paint a rosy picture, or even fib.)

And as suggested above, look-up other applications for TPO consent from that council, to get a feel for what they might allow.


FWIW, things like removing dead or rotten branches should be exempt - so you shouldn't need to consent. But it's probably best to tell the council in advance anyway and provide photos -  and the council might issue you with a formal exemption notice.

elsien

We had an oak with a TPO which was slowly dying back. 

The council initially only gave consent to cut back the damaged bits but then a couple of years later the whole thing had to come down. It was huge, so not cheap. Would have been cheaper to cut the thing down first time round but the council wanted to be sure it couldn’t be saved first.
We were mean to plant something else in its place but no-one ever checked up on that. 

Eldi_Dos

Felling a Oak should be self financing, the timber from it is valuable.

jenni_fer

Good to know the immediate response from people isn't run away! 
I've finally found the classification for TPO work on the local planning portal so shall see what that suggests about our councils view on trees.
Thanks for the advice. 

jenni_fer

Quick update to close the loop.

We spoke to the local Tree Protection Officer who seemed very reasonable and comfortable that we'd be able to trim the tree.

When we viewed, we measured and think the Tree is about 10m away from the house and also probably about 10m lower than the house given the sloped garden so any roots going as far as the house should be far too low to cause an issue anyway.

As long as we can have a proper Tree surgeon survey it we are hopeful it won't be an issue so have made an offer. Fingers crossed!

trakky14

We live in a conservation area where trees are protected so we had to get planning permission to get one trimmed. We got a tree surgeon to quote us then he did the council paperwork (they always do it for you apparently, no charge) 6 weeks later we had permission. He said he's never known them to refuse. Interestingly we are the only house to get planning permission for tree works in our village for years if you look at the online portal...so clearly our neighbours haven't been so considerate as ive seen and heard lots of chainsaw activity! You can have a look on your local council planning permission Portal to see if anyone has had any tree work done.

We used to own a house that had a TPO decades ago but the trees were all diseased so they were removed. Luckily we had the letters in our possession which documented this or it would have been a sticky point when we sold it on. Best advice is to keep all your correspondence