TREE WITH TPO GETTING IN THE WAY OF PLANNING AN EXTENSION

geek84

Hi Folks

I am planning at extension downstairs in my home to build a bedroom and shower room for my elderly father, who is increasingly finding it difficult to go upstairs to his bedroom.

It is very possible that a tree (which is in the neighbour’s garden) with a TPO may be getting in the way.  The tree is quite large and overhangs in our garden.   Our neighbour also wants to get rid of the tree and did apply to do so, but his application was rejected by the local council because the tree has a TPO on it.

Do you think it is worth my while also applying to the council to get rid of the tree to build my extension, or do you think it may not be worth it because my neighbour’s application was rejected. 

Thanks in advance for your responses.

Andy_L

How long ago did he apply? Since then the tree may, eg, have started to rot inside which may change the Council's view.

Do you actually need it removed or would just pruning it allow the build?

silvercar

With the approval of the council you or your neighbour should be able to prune it.

FreeBear

How far away from the foundations of the proposed extension is this tree ?

Section62

geek84 said:

Hi Folks

I am planning at extension downstairs in my home to build a bedroom and shower room for my elderly father, who is increasingly finding it difficult to go upstairs to his bedroom.

It is very possible that a tree (which is in the neighbour’s garden) with a TPO may be getting in the way.  The tree is quite large and overhangs in our garden.   Our neighbour also wants to get rid of the tree and did apply to do so, but his application was rejected by the local council because the tree has a TPO on it.

Do you think it is worth my while also applying to the council to get rid of the tree to build my extension, or do you think it may not be worth it because my neighbour’s application was rejected. 

Thanks in advance for your responses.

The council would initially expect you to design the extension so it doesn't impact on the tree - for example changing the floorplan to give greater clearance, or (say) using piled foundations rather than trenching.

The council won't give you TPO consent just because you want to extend.

The neighbour (and you) need to be aware that unauthorised work or anything which causes harm to a tree with a TPO is generally a serious criminal offence - councils can and do prosecute, and can require work (including a replacement tree) to be done to rectify the damage. As the neighbour has already had an application turned down they won't be able to use the defence of ignorance if anything does happen to the tree (not that it is much of a defence anyway).

TELLIT01

If the tree is large and close to the existing properties it may be possible to argue for its removal to avoid damage to the existing houses.

Belenus

Here is one solution.

Chickereeeee

Depending on your layout, you may need a soakaway for gutter drainage. If digging for this would affect the tree's roots, it will not be allowed. 

35har1old

TELLIT01 said:

If the tree is large and close to the existing properties it may be possible to argue for its removal to avoid damage to the existing houses.

 When you take out house insurance one of the questions asked is about trees  height  10M and distance from house will the extension possibly cause a issue.

GrubbyGirl_2

Is it worth getting some advice as to whether you can use the equality act to help as your father is disabled and needs this extension to continue living in his home (also article 8 of the human rights act).  Also would it be possible to agree to plant another tree in a different location to replace the one that needs to be removed?

littleboo

Removing a large, mature tree is not without risk to nearby properties, ground heave needs to be considered.