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law on trees in conservation area

sheilamaureenbaboolalsheilamaureenbaboolal Posts: 3
in Problem solving
10 years ago a neighbour wanted me to remove 3 mature lime trees so that he could build a garage on our boundry.  The trees are protected by a conservation order.   I refused to remove them but he is now claiming they are now causing damage, can he insist they are now removed?
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  • DovefromaboveDovefromabove Posts: 88,147
    @sheilamaureenbaboolal welcome to the forum  :)

    I think your first recourse should be to your local authority Tree Officer who will advise you (and hopefully your neighbour if the need arises).  I have always found them to be very reasonable people.  

    The law is here https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas

    I hope that's helpful.  

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • BobTheGardenerBobTheGardener Posts: 11,385
    It's a conservation area and local rules will apply.  I would contact your local authority and look into TPOs.  The website of my local council says this:

    "This page contains information on works to trees and restrictions relating to tree preservation orders (TPO) and trees located within conservation areas including how to submit an application.
    Trees are an important part of the character of this borough and it is important that the planning system plays its part in maintaining this character.
    The development control system can protect trees in a number of differing ways. In development proposals the presence of trees is a material planning consideration, whilst in conservation areas trees have a degree of protection under the Town and County Planning Act 1990. A local planning authority can also make a tree preservation order to ensure that trees worthy of retention are retained for their amenity value."

    A trowel in the hand is worth a thousand lost under a bush.
  • Chris-P-BaconChris-P-Bacon Posts: 943
    What kind of damage is he complaining of?
    If its to the foundations how close are they to his property?
    Lime trees can grow quite fast - over 5.00m in 10 years wouldn't be out of the question. 
    Do you have clay soil? Tree roots very rarely damage house footings (unless they're in poor repair) Clay soil can shrink in prolonged droughts and cause subsidence. Lime tree roots generally inhabit the top 900mm of soil.
    Maybe some photos if you have any?
    Also, I'm slightly confused by "build a garage on our boundary?"
  • sheilamaureenbaboolalsheilamaureenbaboolal Posts: 3
    Thank you for your reply.  Initially my neighbour wanted me to remove a lovely brick wall which is over 100 years old.  The trees are in front of this wall but he has built his extension so it is almost touching the wall.  He was aware of the conservation order before building the extension.  I don't know if the soil is clay.  He is claiming the trees have pushed the wall so it is almost touching his property. I have photos but unable to copy to this site.  The trees are not touching the wall on my side.  He dug his foundations right up to my wall
  • Lizzie27Lizzie27 Posts: 12,494
    He's just trying it on, ignore him.  Tell him that the trees cannot be removed without the Council's consent and he should not have built his extension so close that it undermined your wall foundations. Do not let him browbeat you. 
    North East Somerset - Clay soil over limestone
  • philippasmith2philippasmith2 Posts: 3,742
    Unfortunately this problem crops up quite regularly.

    TPO's are usually quite specific - permission is required from your local authority even  to prune.  Trees in a Conservation Area are not always quite as well protected but your local Tree Officer will be able to give you guidance in your specific case.

    Unfortunately, many people ignore the regs ( and even sense ) and then decide someone else ( you in this case ) is at fault. 

    Sadly, it can be a case of who gets fed up first or who has more time and money to make their point.

    If you are even slightly worried about the neighbour's extension, I suggeest you make that part of your query to your local authority.

    Best of luck :)


  • Lizzie27Lizzie27 Posts: 12,494
    Just a thought Sheila, did your neighbour get planning permission for his extension? You can check on the plans online via your local Council. I'd be surprised if they let him build so close to a 100 year old wall. 
    North East Somerset - Clay soil over limestone
  • Janie BJanie B Posts: 963
    edited April 2021
    Hmmmm...  a couple of years ago I posted on here about our 150+ yr old beech tree threatening our neighbours' 20yr old house. We too live in a conservation area, and really did not want to lose our beautiful beech tree ... After two years involving lawyers, insurance companies, arboriculturalist reports, tree surgeons, a root barrier quote, and, of course, the local District Council, we have almost come to a conclusion. Sadly the DC couldn't help once insurance companies and lawyers got involved, as they do not have the money to accept future liability, so they granted permission to fell the tree as soon as our neighbours contacted them. Good luck. Get as much information as you can, and don't agree to remove anything unless you have exhausted all possible avenues to support your point of view. 
    Lincolnshire
  • sheilamaureenbaboolalsheilamaureenbaboolal Posts: 3
    Thank you for your reply.  My neighbour erected his garage over 10 years ago and was aware at the time that the trees could possibly cause problems but he still went ahead and built it - does he not share the responsibility of damage?
  • FireFire Posts: 19,096
    I too would check that he had planning permission for the garage.
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