Right to Light - funding a survey ?

nlinc · 6 November 2019 at 10:56AM

Not sure which forum covers my problem.

I am one of three pensioners who live in a small terrace of cottages built in 1986. our lane is 4 yards wide and on the other side is a large 1950's house surrounded by large trees. But none have a preservation order on them and were all planted as ornamental trees in the landscaping.

The owner is a lady in her seventies living on her own, she has other property from which she receives a rental income.

This is in the centre of a small town and when viewed from Google Earth one can see that the grounds of this house are a blot on the landscape in that it is obviously an untended overgrown garden. Neighbours on others aspects of her grounds have all had problems with her and her overgrowing vegetation. When they complain she just replies that it is their right to cut off any overhanging branches at their expense. One of my neighbours had to apply for planning permission on the owner's behalf to get a large branch cut down which was rubbing against her phone cable, and pay for the tree surgeon.

Our problem is that trees in her garden although within her boundaries have grown considerably since 1986 and they are now making our homes dark and the area in between (the lane) damp and dark too. A holly which must have been at most a 6ft bush in 1986 is now a tree taller than our house. An ornamental acacia now towers above our cottages and the branches spread across the lane almost overlapping our rooftops, the roots must also be nearly at our footings too.

I do not want a confrontation with the lady, as she is an old hand at dealing with personal complaints. The chairman of the local council has personally recommended that we can take action on the basis of 'a right to light'.

The only problem with that is that we need to have a professional survey completed that will cost a thousand pounds. But as pensioners that is more than we can afford. So I wonder if there is any fund that can help us or do the RICS or similar body have a charity or NGO who support such work? TIA

nlinc · 10 November 2019 at 10:04PM

205 views and no comment. So it must be as difficult a situation as I think!

I hope 'the expert' has some good advice when he is back at work after the weekend.

Mojisola · 10 November 2019 at 10:10PM

nlinc wrote: »

I am one of three pensioners who live in a small terrace of cottages built in 1986. our lane is 4 yards wide and on the other side is a large 1950's house surrounded by large trees. But none have a preservation order on them and were all planted as ornamental trees in the landscaping.

One of my neighbours had to apply for planning permission on the owner's behalf to get a large branch cut down which was rubbing against her phone cable, and pay for the tree surgeon.

I don't understand the planning permission bit - neighbours have the right to cut any branches that overhang the boundary.

nlinc · 10 November 2019 at 11:47PM

Yes, but it was a split trunk growing several feet inside the old lady's boundary. That might illustrate the enormity of our problem. But it has got to the point that the owner of the trees must take responsibility. We neighbours cannot take-on the cost of maintaining her estate. Some may not overhang but they are twice the height of our cottages. Their position is within the law, but they rob us of light.

NB, apologies for not mentioning that we are in a conservation area, another reason for planning consent.

Davesnave · 12 November 2019 at 9:50AM

If it's a conservation area, the trees will have some protection as follows:
( From: https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#section-211-notice-for-tree-size)

"Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the local planning authority, using a ‘section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies. The work may go ahead before the end of the 6 week period if the local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree."

But the question that needs answering first is, who owns the lane that the trees overhang? If it's a private individual but not you or your immediate neighbours, then you'd need permission to do work from it.

As far as I'm aware, there is no 'right to light' legislation with respect to tree growth, only building works.

Unlike building, tree growth is a natural and usually slow process, which gives people adequate time to avoid it's perceived negative effects. I understand that this situation wasn't apparent in 1986, but neither were many things which now affect people's homes. You and your neighbours either crossed your fingers and watched the trees grow, or you bought into the current situation, but both actions imply an element of acceptance.

Perhaps an environmental health officer might be the best person to advise you . They might conceivably decide that the trees are now creating a 'nuisance' in a legal sense, but the cost of trimming the trees would most likely need to be borne privately if they are not damaging council property.

nlinc · 13 November 2019 at 1:29AM

Thank you.

There is no TPO but we are aware of planning requirements, hence my neighbour having to get permission to cut one tree to free her phone line - at her expense..

Apart from the holly, the main trees are not native species but introduced as part of the original landscaping. (False acacia etc).

The lane is owned and maintained by the council - it is one of the ancient streets in the town leading to a 15th century church. It is not in good repair either on the traffic surface or the narrow pavement. Which may be in part, due to the overhanging trees keeping the atmosphere damp. (Overhanging at great height).

We have been advised that one argument could be that the trees could be ordered to be cut back to the stage of growth when our cottages were built in 1986.

Point taken regarding implied acceptance, but this growth stretches the point somewhat, easily illustrated by aerial pictures, where other neighbouring houses with similar gardens are well manicured.

The owner has adequate funds that we know of, but she is something of a queen bee in the neighbourhood with a reputation, so she defies any that make complaint to her. Therefore we think it best that a more professional line is taken. So your suggestion of the environmental health people is useful, thank you, we had not thought of that one.

Shineyhappy · 22 December 2019 at 5:58PM

I would take photos and let the council know if trees are damaging their land or blocking access. There maybe a contact us section on their website.

The council may not be aware of the conditions of the road or pathway as I know my local council doesn’t have the resources to monitor them but would fix them if faults were reported. There is usually a report a pothole section on their website

Right to Light - funding a survey ?

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