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realspeed
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South coast
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27-09-2019, 12:41 PM
1

tree preservation order puzzle

A TPO. says one is not allowed to remove or even touch a tree without permission apart from removing dead branches

What about the top third of the tree gets snapped off in a high wind? my question is this. What constitutes a tree? is it still a tree with just the main trunk left or not. and would it alter your decision if a couple of twigs with leaves on sprouting from the trunk

Just something that passed through a void in my mind. See one has to worry about these important matters.
Julie1962
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27-09-2019, 12:47 PM
2

Re: tree preservation order puzzle

Happened locally in gales a few years ago the trees were eventually felled and the remains used to make benches and seats etc so we still have them just not in the form they were. Locals planted trees in their places but it'll be next few generations enjoy the canopy we had.
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Aerolor
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27-09-2019, 02:05 PM
3

Re: tree preservation order puzzle

From what you say Realspeed, I think it will still be a tree. Have the council been to establish the extent of the damage?
realspeed
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27-09-2019, 03:47 PM
4

Re: tree preservation order puzzle

Originally Posted by Aerolor ->
From what you say Realspeed, I think it will still be a tree. Have the council been to establish the extent of the damage?
it was a query, not that it has happened. My mind tend to travel along the " what might if?" route sometimes. It is quite fun thinking of things like this. Stops me from going mad.
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Aerolor
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27-09-2019, 08:13 PM
5

Re: tree preservation order puzzle

Oh right Realspeed. Tpos are relevant to us at the moment. We are having negotiations on what to do about an oak tree at the bottom of our garden, bang on the boundary line of our garden and a field. The tree and a whole line of oaks have tpo orders on them. We say it is their responsibility and they are trying to claim it is ours(but we still can't touch it without their say so and we must pay for any work they designate needs doing). It has deteriorated a lot this year and has rot in the bottom of the trunk and a lot of dead branches. The council concede it's becoming dangerous and OH is adamant they must do something about it, not us and he will sue the council for damages if it does any damage on our land. We are waiting to see who gives in first. The council pruned it some years ago at no expense to us and they have acknowledged it is their tree - but they don't want the expense of maintaining it.
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27-09-2019, 08:37 PM
6

Re: tree preservation order puzzle

I can offer a couple of suggestion

First get a detailed copy from the ordnance survey office covering your property
link
https://www.ordnancesurvey.co.uk/contact-us.

this might actually show the tree and position relative to your property


option2

your local council should have a copy for you to look at , this would mean making an appointment to do so. this would only show option 1 and the council will be alerted to your search .

option 3

get a council approved surveyor to measure your property specifically regarding your land area and what is contained within. But that would cost.

If there is doubt about the tree condition consider taking out a specific insurance covering damage/replacement of the tree.

When we wanted to Crown our 4 trees to reduce the height we put in a planning application which was refused. BUT it did allow us to have dead branches removed and overhanging branch to neighbours property reduced ans well as cleaning the trunk for small branches. If you did this though it might show admission the the tree is your responsibility not theirs. So not a good option to follow up
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big ben
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28-09-2019, 07:32 PM
7

Re: tree preservation order puzzle

I have and am still having a similar problem with a Leylandi hedge.
When we bought and moved to this property which is a park home on a site owned by a park home company we wanted to remove a ten feet high Leylandi hedge that was partially blocking the light into the kitchen.
The people living next door told me that they planted the hedge for their privacy and I was not to touch it. The site manager the very next day told me that the hedge was planted for the neighbours privacy and I must respect that right. A few years later and a new site manager. I asked to have the hedge cut down to a reasonable height (Seven feet) I was told by the manager that if I touched the hedge he would have me evicted and my house pulled off the site. The hedge has now got out of control and is about fifteen feet high and according to the site manager it is my responsibility to keep it under control.
I have sought advice from the CAB and they asked "Did I plant the hedge" "No" "Do you own the land it is planted on" "No" "Then it is not your responsibility but the site owners". The dispute is still ongoing.
Driving me nuts.
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28-09-2019, 11:14 PM
8

Re: tree preservation order puzzle

Originally Posted by big ben ->
I have and am still having a similar problem with a Leylandi hedge.
When we bought and moved to this property which is a park home on a site owned by a park home company we wanted to remove a ten feet high Leylandi hedge that was partially blocking the light into the kitchen.
The people living next door told me that they planted the hedge for their privacy and I was not to touch it. The site manager the very next day told me that the hedge was planted for the neighbours privacy and I must respect that right. A few years later and a new site manager. I asked to have the hedge cut down to a reasonable height (Seven feet) I was told by the manager that if I touched the hedge he would have me evicted and my house pulled off the site. The hedge has now got out of control and is about fifteen feet high and according to the site manager it is my responsibility to keep it under control.
I have sought advice from the CAB and they asked "Did I plant the hedge" "No" "Do you own the land it is planted on" "No" "Then it is not your responsibility but the site owners". The dispute is still ongoing.
Driving me nuts.
Neighbours trees are the bane of my life, but if you can afford to get those trees taken down by 5/7 ft then I think you should. At least it is then your baby to keep under control. Also if he insist they are your responsibility , have the things taken out or cut down to base and poisoned to stop regrowth. probably no difference in costs and no more problems for you. If you don't , as you know they grow at an alarming rate and this time next year they could be 20ft high. Whatever the resolve is, get it in writing , signed in agreement and lodged with your solicitor . Good luck
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Muddy
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29-09-2019, 12:04 PM
9

Re: tree preservation order puzzle

Originally Posted by big ben ->
I have and am still having a similar problem with a Leylandi hedge.
When we bought and moved to this property which is a park home on a site owned by a park home company we wanted to remove a ten feet high Leylandi hedge that was partially blocking the light into the kitchen.
The people living next door told me that they planted the hedge for their privacy and I was not to touch it. The site manager the very next day told me that the hedge was planted for the neighbours privacy and I must respect that right. A few years later and a new site manager. I asked to have the hedge cut down to a reasonable height (Seven feet) I was told by the manager that if I touched the hedge he would have me evicted and my house pulled off the site. The hedge has now got out of control and is about fifteen feet high and according to the site manager it is my responsibility to keep it under control.
I have sought advice from the CAB and they asked "Did I plant the hedge" "No" "Do you own the land it is planted on" "No" "Then it is not your responsibility but the site owners". The dispute is still ongoing.
Driving me nuts.
They are breaking the law .

This is new legislation on high evergreen hedges they must not be higher than 6.5 feet.
You have every right to ask the council to legislate on this .
Tell them it’s ruining your quality of life etc .

https://www.rhs.org.uk/advice/profile?PID=408

However it may be just as easy to pay a tree surgeon to reduce it .
Once it’s done it’s done !
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The Artful Todger
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Suffolk UK
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29-09-2019, 12:41 PM
10

Re: tree preservation order puzzle

Make up a very strong solution of sodium chlorate and I mean very strong and drench round the roots of the trees.

May need to do it three or four times, and it'll take some time to do the trick but it can be done surreptitiously at night and in strong solution is not obvious come daybreak whereas just sprinkling the stuff on the ground it would be visible.

Moreover there will be a few weeks between application and dieback. Best done in spring but anytime works.

Big lots of Sodium Chlorate can be bought on eBay or agriculture suppliers or even garden centres.

Of course you could just get the things set on fire by someone while your out and so creating a good alibi! Being full of oil once started with a bit of petrol or kerosine they burn like good 'uns. Sorted.
 
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