Neighbours TPO'd Birch Tree

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Bathroom_Security

Original Poster:

3,592 posts

132 months

Wednesday 11th June
quotequote all
Neighbour planted a birch tree on his boundary, well before we moved in I might add, its very tall and extends its limbs about 10 feet over our drive. Its an irritation and knew it would be before moving in.

It drops twigs and crap and saps like crazy onto the cars. I've taken to parking on the street as its pitted the paintwork on my van.

As its TPO'd, is there any point in me even asking to have its limbs taken back? Previous owner showed up one day with a digger to remove it, and the neighbour slapped a TPO on it to protect it. Just wondered if I have any option here with it being TPO'd? Don't want to do any damage to the tree and I like it, just dont want it so far over onto our drive.


2 sMoKiN bArReLs

31,159 posts

250 months

Wednesday 11th June
quotequote all
I can only speak for where we live.

Every single tree on our estate has a TPO on it. To trim or remove we need to apply for planning permission from the council.

We've had to do this a couple of times and they fairly quickly sent out a member of their team to discuss.

I'm guessing whether you are successful depends on the reasoning.

greygoose

8,992 posts

210 months

Wednesday 11th June
quotequote all
Trees with TPOs can still be cut back, you just need to get approval from the council to do it, a tree surgeon got permission at our house to trim a willow that was dominating our garden.

trickywoo

12,949 posts

245 months

Wednesday 11th June
quotequote all
Sounds like it would benefit from a crown lift which is something done to tpo trees routinely. Just needs planning permission. In my council it’s through the same route as building but is foc.

Might not remove the overhang if it would leave the tree asymmetric though.

Worth checking it does indeed have a tpo and not just your neighbour saying so.

2 sMoKiN bArReLs

31,159 posts

250 months

Wednesday 11th June
quotequote all
That's a first. Three replies and they all agree hehe


Snow and Rocks

2,867 posts

42 months

Wednesday 11th June
quotequote all
I'm just amazed they've put a TPO on a birch - they grow like weeds up here in Aberdeenshire.

But in any case, if cutting it back is the way forward, do as little cutting as you possibly can. In my experience, birches don't tend to enjoy being pruned very much. The cuts tend to rot and the tree regrows like crazy so quickly ends up looking odd and needing more work.

craig1912

3,981 posts

127 months

Wednesday 11th June
quotequote all
We had five oaks in our garden at last house, all with TPOs. We applied for planning permission and was granted twice in twenty ish years.
Was able to take off around three metres of some of them

Simpo Two

89,001 posts

280 months

Wednesday 11th June
quotequote all
Bathroom_Security said:
Previous owner showed up one day with a digger to remove it, and the neighbour slapped a TPO on it
Can a householder do that, and instantly? I thought it would be a Council matter and take months....

Johnson897210

832 posts

8 months

Wednesday 11th June
quotequote all
Pour petrol on the roots. When it dies, it dies “naturally”. Deny all knowledge…

Can also rip it out and see if they fine you which appears to be the strategy of most property developers near me. Toothless legislation imo, and I’m a tree fan.

Evanivitch

24,231 posts

137 months

Wednesday 11th June
quotequote all
Snow and Rocks said:
I'm just amazed they've put a TPO on a birch - they grow like weeds up here in Aberdeenshire.
They're a pioneer species, so how it got a TPO is just weird.

frisbee

5,303 posts

125 months

Wednesday 11th June
quotequote all
It's worth checking that there is actually a TPO on it. Some local authorities have websites you can check on.

blueg33

41,158 posts

239 months

Wednesday 11th June
quotequote all
Simpo Two said:
Bathroom_Security said:
Previous owner showed up one day with a digger to remove it, and the neighbour slapped a TPO on it
Can a householder do that, and instantly? I thought it would be a Council matter and take months....
No a householder can’t

Story sounds like a modern myth.

Bill

55,750 posts

270 months

Wednesday 11th June
quotequote all
blueg33 said:
No a householder can t

Story sounds like a modern myth.
AIUI (I know, I know...) you can apply to council for emergency protection while they decide if a TPO is warranted??

silentbrown

9,876 posts

131 months

Wednesday 11th June
quotequote all
trickywoo said:
Worth checking it does indeed have a tpo and not just your neighbour saying so.
In-laws had a neighbour opposite with a mahoosive tree on the other side of the road that sent a branch into their roof during a storm,

Neighbour swore blind that he couldn't work on it 'because TPO'. Quick email to the council's "tree team" revealed this as BS!

balham123

83 posts

14 months

Wednesday 11th June
quotequote all
Wouldn't be taking neighbours word for it, would definitely be checking if a tpo actually exists with the council.

blueg33

41,158 posts

239 months

Wednesday 11th June
quotequote all
Bill said:
blueg33 said:
No a householder can t

Story sounds like a modern myth.
AIUI (I know, I know...) you can apply to council for emergency protection while they decide if a TPO is warranted??
You can tell them that a tree is threatened.

I don’t believe that you can request a TPO.

Flying machine

1,191 posts

191 months

Wednesday 11th June
quotequote all
frisbee said:
It's worth checking that there is actually a TPO on it. Some local authorities have websites you can check on.
This is an excellent suggestion. I used to live in a house with several large trees with TPOs that were causing a nuisance and the status of the trees (and history of works granted IIRC) were available to view on a publicly available website (Harrogate in this case). If there isn't such a resource then just give the tree officer a ring and ask

PArbor1

227 posts

94 months

Wednesday 11th June
quotequote all
Simpo Two said:
Can a householder do that, and instantly? I thought it would be a Council matter and take months....
I’m a Tree Officer at a local authority.. a house holder cannot TPO the tree themselves, they can ask the LA to do it. The tree must have amenity value and it must be expedient to protect the tree. I have had one out on in less than an hour.

Get a reputable local company to quote for the work and to apply as your agent. When I was contacting I had good relations with the LAs I worked in and they new that the work I was applying for was sensible.

Simpo Two

89,001 posts

280 months

Wednesday 11th June
quotequote all
PArbor1 said:
Simpo Two said:
Can a householder do that, and instantly? I thought it would be a Council matter and take months....
I m a Tree Officer at a local authority.. a house holder cannot TPO the tree themselves, they can ask the LA to do it. The tree must have amenity value and it must be expedient to protect the tree. I have had one out on in less than an hour.
That's pretty impressive! But then if someone's turned up with a bulldozer I suppose you have to be.

Next week - one hour PP decisions biggrin

PArbor1

227 posts

94 months

Wednesday 11th June
quotequote all
Simpo Two said:
That's pretty impressive! But then if someone's turned up with a bulldozer I suppose you have to be.

Next week - one hour PP decisions biggrin
At the end of the day, if it isn’t TPO’d or in a conservation area it isn’t protected and the home owner can do what they like with it.
Areas of non protected development land are often clear felled over a weekend and really they have every right to do it.