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Neighbours tree damaged my garage - What do?

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Diggs
World Chat Champion



Joined: 03 Apr 2007
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PostPosted: 21:25 - 17 May 2018    Post subject: Reply with quote

Methinks MCN is confusing one area of the law with another, although I stand to be corrected....
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MCN
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Joined: 22 Jul 2015
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PostPosted: 03:40 - 18 May 2018    Post subject: Reply with quote

Diggs wrote:
Methinks MCN is confusing one area of the law with another, although I stand to be corrected....


There's not really any confusion.
Trees are protected. Almost trees everywhere.
Only certain people can legally say if they can be chopped down.

TPO is another thing too.

https://www.trees.org.uk/Help-Advice/Public/A-brief-guide-to-legislation-for-trees

What I advised was to ask the local authority first.

Just doing something coz your pissed off is not always the best laid plan.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 08:29 - 18 May 2018    Post subject: Reply with quote

MCN wrote:
TLDR all.You are not permitted to hack away at overhanging branches. If you disfigure or unbalance the tree you are commuting an offence.

What offence, what Act, what section?

Can the sentence be commuted to transportation to the mighty rivers of British Columbia?
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Diggs
World Chat Champion



Joined: 03 Apr 2007
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PostPosted: 08:30 - 18 May 2018    Post subject: Reply with quote

What I meant was that I thought you were confusing TPO and TCA legislation with criminal damage and trespass....

I agree that one should contact a Local Authority first to see if they are protected, however if they are not and the LA is happy to estop itself by saying so in writing, LA permission isn't necessary. You have to watch the buggers though, because trees of 'amenity value' can quickly find themselves subject to an interim TPO following an enquiry...

If one is being pedantic, there may also be the matter of a Forestry Commission License (not applicable to garden trees) and whether a Planning Condition requiring landscaping relates to the individual tree.

It is always dangerous to rely on the power of Google when considering such matters. Far better off asking somebody who knows the broader picture!
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 08:48 - 18 May 2018    Post subject: Reply with quote

Just cut the branches off and be done with it.

It so doesn't have a TPO and even if it did, nobody is ever going to know anyway. You didn't cut them back anyway, the little old lady must have got someone to do it for her or it was like that when you moved in a few months ago. Whistle

If you have conversations with the council or whatever other Local Authority people, that could end up causing problems to be occur.

Cut the branches back and everything will be cool. Little old lady will still have her shade and you can replace your prefab garage shaped object with a real garage.
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Old Thread Alert!

The last post was made 5 years, 337 days ago. Instead of replying here, would creating a new thread be more useful?
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