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Having a Tree Preservation Order removed.

7 years ago a TPO was placed on a cedar deodora after I enquired about having the tree removed.  When the TPO was imposed, the tree was less intrusive than it is now.  The tree is now approximately 40 years old, stands around 60 feet tall and continues to grow in every way - even shutting out light to a street light that it has engulfed.  Needless to say, the tree now dominates our property.  At the time the TPO was imposed, the council's tree officer insisted that the tree would cause no heave to our drive or the adjacent public footpath - both assurances have proved incorrect with serious heave already evident to our drive and the public footpath.  The drains from our house are under the same drive where heave can be seen and my fear is that damage to those drains must surely follow.The tree is constantly dropping clouds of needles which enter every part of our cars when parked on the drive.  Worse, about this time of year, the tree grows its finger like cones which emit literally clouds of fine yellow pollen over a number of weeks - pollen which covers everything and which I am certain must be injurious to health as one cannot but help to breath this fine dust in when we or our neighbours are outside. Needless to say, property and cars are also coated is this yellow powder - which rain rapidly turns into a paste. To top all of this both ourselves and our immediate next door neighbours have to accept the shade this tree casts over our houses and with it the unnecessary use of electric light on dull days - so not a particularly eco-friendly tree.  And, with a front drive that is only 40 feet long, this tree (essentially a parkland tree) really has become the tree from hell.  I would therefore welcome any guidance on actions I might take to secure the removal of the TPO and have the tree felled.

Posts

  • Dave HumbyDave Humby HampshirePosts: 1,120

    I live in an area adjacent to protected ancient woodland and all the properties in the local area have TPO’s on pretty much all of the trees in the neighbourhood. We have 3 beech and 1 birch all protected by TPO’s.

    I’ve certainly never heard of having a TPO removed. You can apply to your local authority for felling / pruning but each local authority works independently so I don’t think you will get a prescriptive answer here on the forum. Even within local authorities there is variation in the ‘leniency’ of requested work depending on who the tree officer is. That has definitely proven to be the case where we live.

    In my experience I would highly recommend that you submit your application with the assistance of a local authority approved tree surgeon as this often adds more weight to the application. You might consider the assessment of your situation by a professional who would be able to endorse or otherwise your concerns of damage to the property and drains. 

  • KT53KT53 Posts: 6,611

    As it seems you can demonstrate that the claims made by the council official regarding heave are wrong, you should certainly approach the council again to try to get the TPO removed.  If that doesn't work, a letter from a solicitor to the council claiming for damage to property might concentrate their minds!

  • Dave HumbyDave Humby HampshirePosts: 1,120

    http://naturenet.net/trees/tpo.htm

    Some helpful information here which falls in line with my earlier post. 

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