Parking rights

Sh13lds123

Hi.  My daughter bought a flat 3 years ago.  The flat has a dedicated parking space.  There is a tree that has become so overgrown and is now impacting her space.  All the freeholders agreed to get the tree removed, bar one who did not want to pay the cost.  The mgmt company planned to go ahead regardless but the resistant freeholder applied for a TPO without any consultation.  This has been initially aporoved.  There are very limited alternative options, all of them costly.  What rights does my daughter have as she will need to sell the flat with the parking space as in the deeds?

MeteredOut

What about cutting back back rather than removing? eg, a crown lift.

Permission to do that will required now that it has a TPO, and would typically be possible but might need an arborists report to ensure it would not do any lasting damage to the tree.

Would that make the parking space usable again? If not, what in particular is impacting the space?

A TPO does not mean that a tree cannot be cut down, but does mean planning permission is required to do so. Whether it stopping use of a parking space would influence the decision, only your local council can say. Has your daughter spoken to the council regarding this?

Section62

Sh13lds123 said:

Hi.  My daughter bought a flat 3 years ago.  The flat has a dedicated parking space.  There is a tree that has become so overgrown and is now impacting her space.  All the freeholders agreed to get the tree removed, bar one who did not want to pay the cost.  The mgmt company planned to go ahead regardless but the resistant freeholder applied for a TPO without any consultation.  This has been initially aporoved.  There are very limited alternative options, all of them costly.  What rights does my daughter have as she will need to sell the flat with the parking space as in the deeds?

How close is the tree to the space, and what impact is it having?  Also how old is the tree, and what species?

If it is just some branches overhanging the space so the car gets covered in green and/or bird poo then the council may consider some crown reduction more appropriate than total felling.  If the trunk of the tree is physically encroaching on the parking space then that would be a more fundamental issue, although you wouldn't expect a tree trunk to grow that much over 3 years.

When were the flats built - is there anything in the planning consent about maintaining parking spaces, and anything mentioned about the tree?

How far have they got with the TPO? Has an order been made, or is the council just consulting residents at this stage?

There are situations where you can apply for compensation if your property is affected by a TPO'd tree - but IIRC you have to make an application for TPO consent first, which the council has turned down, before you can start the compensation process.  If this is a situation in which an application for compensation might be appropriate then it could be worth letting the council know now.... it may influence their assessment of just how valuable the tree is to the local area before they make the TPO final.