Party wall tree help

theoretica

In my experience, holly trees can be cut right back and resprout from practically bare trunk - though will look bare for some years and need careful management to grow back to the shape you want.  I suggest you tell the surveyors that the tree is very important to you and ask them how to ensure it is protected.

You have carefully checked that this extension does indeed meet PD limits?  Especially with previous work on the property etc...

funkyfifi

theoretica said:

In my experience, holly trees can be cut right back and resprout from practically bare trunk - though will look bare for some years and need careful management to grow back to the shape you want.  I suggest you tell the surveyors that the tree is very important to you and ask them how to ensure it is protected.

You have carefully checked that this extension does indeed meet PD limits?  Especially with previous work on the property etc...

Thank you xxx yes I'll talk to the surveyors on Tuesday about it..... I'll obviously be guided by what they say.... I'm the type of person who wants to go along with things for an easy life and I've desperately tried to tell myself it's just a tree, but it honestly is so important and I guess symbolic to me
Yes the surveyor is going to check the extension plans thoroughly
I'll post a photo below this which shows things better xxxxx

funkyfifi

this shows the location of the tree, and below is current xxx just in case this helps as I realise my photos were rubbish..... Sorry xxx

funkyfifi

Just to add that the Bush at the front of the picture is obviously not holly and will be tidied before nesting season and the Holly tree is further up

Devongardener

As the tree is on your side they cannot make you remove it it do anything other than cut it back on their side. Don’t be bullied into it and as others have said, get your surveyor the check that the extension plans are within permitted development.    I really sympathise with you,  I have been in a similar situation with neighbours and I know it’s not easy.  Good luck !

FreeBear

funkyfifi said: I hate any trees being cut down anyway as a general rule, and I just wanted advice on whether there was anything I could do.

If they intend to build the wall on the boundary. the foundation trench would have to be dug into your side of the fence by at least 150mm. Done carefully, it may be possible to transplant the tree.. Still, worth taking cuttings if you can.

I had a holly tree in my front garden that got <ahem> pruned at ground level. It didn't take long to shoot up again as a multi-stemmed monster. They are tough trees, and can take quite a bit of abuse.

funkyfifi

Devongardener said:

As the tree is on your side they cannot make you remove it it do anything other than cut it back on their side. Don’t be bullied into it and as others have said, get your surveyor the check that the extension plans are within permitted development.    I really sympathise with you,  I have been in a similar situation with neighbours and I know it’s not easy.  Good luck !

Thank you so very much..... This is exactly how I feel.... A little bit bullied into just complying. They knocked on my door with their structural engineer at 8 o clock at night last week, who under the pretence of reassurance for the big cracks that had appeared in the bedroom ceiling, I invited them in and he proceeded to tell me that everything was fine & no building work they were doing fell under party wall instructions. 
It ALL is 🥺 and that's why we've forced it now
I think the big thing has been that I don't trust them or their builders after being lied to and hence the need for my own surveyor. I'm honestly all for people creating their dream space, and getting on with their neighbours, but this has really made the final insult to something I love xxx
Surely though, I can't deny access for building? Their foundations encroach our land a little bit, so will go under it.... Plus it's clay soil I think so will need to be deeper..... And even if they cut through the inevitable roots on their property it'll possibly die anyway
It's been there as long as I remember and I'm 43

YoungBlueEyes

This is where I'll show my ignorance but - shouldn't you get to say yay or nay if someone wants to do something within your boundary?  The foundations will come under your boundary and it'll cost you the holly... surely they can't just tell you to suck it up because they want an extension...?!

jonnydeppiwish!

YoungBlueEyes said:

This is where I'll show my ignorance but - shouldn't you get to say yay or nay if someone wants to do something within your boundary?  The foundations will come under your boundary and it'll cost you the holly... surely they can't just tell you to suck it up because they want an extension...?!

The foundations can come up to your boundary, not necessarily the actually wall. That will be have to be instepped.

Op, looking the pictures, I’m afraid you tree may not survive considering the roots that the neighbours can remove.

Just out of interest, how have they got permitted development for both the loft conversion and a 6m extension?

Doozergirl

jonnydeppiwish! said:

YoungBlueEyes said:

This is where I'll show my ignorance but - shouldn't you get to say yay or nay if someone wants to do something within your boundary?  The foundations will come under your boundary and it'll cost you the holly... surely they can't just tell you to suck it up because they want an extension...?!

The foundations can come up to your boundary, not necessarily the actually wall. That will be have to be instepped.

Op, looking the pictures, I’m afraid you tree may not survive considering the roots that the neighbours can remove.

Just out of interest, how have they got permitted development for both the loft conversion and a 6m extension?

Permitted development covers an awful lot.  There's no case of one or the other.