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Even where there is a tree preservation order this can be over-ruled (with agreement from the council Tree Officer - or whatever title is held) where there is risk due to disease or damage, or where the tree is causing or believed to be causing structural damage to property - we still put (thank goodness) housing ahead of trees.


Some councils 'automatically' put tree preservation orders on the basis of some criteria (commonly, girth) on all trees in their area (or in some specific sub-area) - requiring council permission to fell them. This stops developers clearing land in advance of submitting, or gaining, planning permission for new builds. Could have been helpful locally, reading some recent threads.

Hi P68,

I don't think this applies. Chatting with the new owners they had specific unequivocal surveoyr advice to remove it to stop the cracks in their front wall getting longer and wider. Without chopoing it down no house insurance and then no mortgage. They would have liked to have kept it and do plan on keeping lots of interesting bushes and tress in the rear garden.


Hi victoriaplum,

If it had been listed it would, in this instance, in my opinion have added cost for the same outcome. The good thing is a number of nearby residents have been inspired to grow their own Monkey Puzzle trees.

James


I wrote:- Even where there is a tree preservation order this can be over-ruled (with agreement from the council Tree Officer - or whatever title is held) where there is risk due to disease or damage, or where the tree is causing or believed to be causing structural damage to property - we still put (thank goodness) housing ahead of trees.


You wrote:- Chatting with the new owners they had specific unequivocal surveoyr advice to remove it to stop the cracks in their front wall getting longer and wider. Without chopoing it down no house insurance and then no mortgage.


You introduced this by saying, of my post Hi P68, I don't think this applies.


Huh?? I had specifically noted that structural damage was a case where, even had there been a tree preservation order, this would have been (properly) over-ruled. As was/ would have been the case here - which had already been made clear earlier in this thread. I was responding to the comment about 'it should have been listed' pointing out that even had it been, that would not have saved it. The threads on Hindemans road had noted that gardens had been cleared of trees in advance of planning permission being granted/ sought - which was the point of my second para final sentance.


The 'automatic' preserving of trees (meeting certain criteria) is still, to my mind, a good idea, given the caveats I started with, that where the tree was damaged or diseased, and hence a risk, or where it was already damaging property, such preservation orders could be over-ruled at the advice of council experts.

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