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Planning permission for tree works on TPO trees

Anna33Anna33 Posts: 316
in Problem solving
Has anyone had to get planning permission for works to be done on trees with TPOs on them?

We have a stream (more like a ditch at the moment...!) the borders our garden, and on the other side of this are loads of trees, with TPOs on them. However much I love these trees, they are now becoming so large that they are completely overhanging large parts of our gardens, so they need to be trimmed back a bit.

I know I will need planning permission for this, but I have a few questions.

  • Do I get a tree surgeon round now to look at the issue and tell me what needs doing, or do I put the planning application in first?
  • Do I have to have an intermediary to submit the planning permission for us?
  • Does the application for planning permission go out to all neighbours, or is it decided internally as it's just tree works rather than building anything?
  • Who pays for the work - do we pay as the trees are overhanging our garden, and we are the ones who need them trimmed, or does the owner of the land pay as it's their trees?

Any help or advice from anyone that knows how this process works is gratefully received!

Also, just to confirm, I would be looking for the work to be actually carried out in the dormant season, ie likely early winter or similar.
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  • fidgetbonesfidgetbones Posts: 17,618
    If there are TPO's I would not even consider a do it yourself job. Get a properly qualified and insured tree surgeon in  to assess them.  If work is required then he will know how to do the applications to the council properly. All the neighbours and the owner of the trees should be informed.  The fact that they are overhanging will have no bearing . If they are healthy it is unlikely you will get permission. Losing light will have no bearing.  If they are too close to the house and upsetting your foundations or squirrels getting in your loft, they might.
    If you get planning permission to trim, then you will be paying.
  • FairygirlFairygirl Posts: 55,117
    If they aren't  on your own land, I don't think you can do anything, other than approach the landowner.  
    We have hundreds of mature trees nearby, on all the lanes and footpaths etc, and many years ago, a householder near me, whose garden was adjacent to a footpath, wanted them lopped. Most of them have a TPO. The council told her to take a hike.
    Every so often the council removes lower branches as they do become a hazard in windy weather and over winter, but that's all that happens. 
    It's a place where beautiful isn't enough of a word....



    I live in west central Scotland - not where that photo is...
  • Pete.8Pete.8 Posts: 11,340
    It's something I've had to deal with in the past.
    Give your local authority a call and ask to speak to the TPO officer - in my experience they're very helpful

    Billericay - Essex

    Knowledge is knowing that a tomato is a fruit.
    Wisdom is not putting it in a fruit salad.
  • Chris-P-BaconChris-P-Bacon Posts: 943
    All good advice. Out of interest, what species are they?
  • ElferElfer Posts: 329
    No idea but our neighbor had an old big willow tree with TPO, we hated it as it was overhanging our garage and parking bays resulting in lots of fallen leaves in garage gutters, the driveway and of course all the bird poo on our cars which was a lots of upkeep and damage to car paint. I love trees and agree with their preservation but I don't think we should foot the bill (monetary or time or potential damage) for their upkeep or all the problems created as listed. Its a grey area and doubt the council or the property owner (tree) would want to foot the bill either.

    Last year part of the tree trunk broke and landed on one of our cars, fortunately no damage to property or car and most importantly no one was hurt. Not sure how they went about it but I do believe it was inspected by a tree surgeon and report was submitted to council by to remove the tree completely due to being a safety hazard. I'd imagine your best bet is to approach a tree surgeon and see if it is a safety risk as I assume no one would want to be responsible for potential risks down the road.
  • SuesynSuesyn Posts: 664
    We had a very large horse chestnut in our previous garden which the tree surgeon said needed to come down. He completed the paperwork and came and did the work when planning was given. Our neighbours (who were friends with him) asked him to take one down in their garden as it was very close to their house. He inspected it and refused as it was perfectly safe and healthy, and it was there first! 
  • steephillsteephill Posts: 2,841
    There is a line of beech trees on one of our garden boundaries which are covered by an area TPO which extends over two of my neighbour's gardens. The trees belong to both neighbours. The neighbours on the other side of us wanted the trees reduced so we all got together to see what could be done. The tree owners were happy to agree to any work but wouldn't pay for it.
    The first step was to engage a specialist arboriculturist to inspect the trees and prepare a report. The tree owners then submitted the planning application based on that report. Permission was granted because some of the trees were in a dangerous condition and there was evidence of previous pollarding. Tree surgeons were hired to carry out the works which took 4 days to complete.
    The neighbours who wanted the trees reduced paid the majority of the cost, we made a substantial contribution and the owners paid nothing. Not only that but one of the owners insisted on taking all the logs for firewood as the trees belonged to him. Our garden took the brunt of the impact of the work as most of the material removed landed on it, some of it in the form of big sections of trunk weighing up to a ton dropping 30 feet.
    One of the neighbours had previously applied to remove a tree covered by the same TPO that they thought dangerous but were refused permission. That tree came down in a storm a couple of years later and damaged their house.
  • ElferElfer Posts: 329
    steephill said:

    One of the neighbours had previously applied to remove a tree covered by the same TPO that they thought dangerous but were refused permission. That tree came down in a storm a couple of years later and damaged their house.
    I assume the council would have been liable for the damage due to their refusal?
  • Hostafan1Hostafan1 Posts: 34,889
    Pete.8 said:
    It's something I've had to deal with in the past.
    Give your local authority a call and ask to speak to the TPO officer - in my experience they're very helpful
    I concur.
    Why pay a tree surgeon to come and give you a report ( unlikely to be free ) if the council still say No? 
    It's the TPO officer's job , and ultimately his decision. 
    Devon.
  • Anna33Anna33 Posts: 316
    Thank you all, really helpful! There is a precedent here as the previous owners had some similar work done a few years ago, which we got as part of the sale documents (bought the place in December last year), so I had hoped that it would have been a fairly simple process.

    I wasn't aware that a lot of these applications are refused - that's really useful to know, and will help me manage my expectations! I love the trees, and part of what we loved about the garden was that they line one side, but some are too big for their space.

    I'm not sure of the species of all of them, but the main problem one is a Field Maple (Acer campestre). The others are all mixed deciduous trees.

    Thank you all again, super helpful to get more info on this. :)
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