Ash trees on boundaries and previous planning requirements

Joined
30 Mar 2013
Messages
2
Reaction score
0
Location
Yorkshire
Country
United Kingdom
Hi All,

I am not sure if anyone has any experience in this area but feel the need to ask.

We live in a property that was completed in 2005. In the original planning permission conditions were imposed including:

"... All trees, shrubs and bushes shall be maintained by the owner or owners of the land on which they are situated for the period of five years beginning with the date of completion of the scheme and during that period all losses shall be made good as and when necessary, unless the Local Planning Authority gives written variation. Note: The Local Planning Authority will require the strategic planting of extra heavy standard trees to the rear boundary in order to protect the privacy of neighbouring residents."

We have noted three young ash trees that have been growing in a wild hedge beyond our fence but within the boundary. These are now approximately 5m tall (trunks approx 5-6cm at 1m) and are within 5m of our garage. I am led to believe that ash can have a detrimental effect on drains and foundations, and obviously there are now the issues with young ash trees and die-back fungus. In view of this we are keen to remove them. It appears that the property was completed without any "extra heavy standard" tress being planted [as we believe that these ash are essentially wild seeded (and still do not conform to the extra heavy standard despite the house having been completed for >8yrs)].

My questions are:

1. My interpretation of the planning condition is that as we are more than 5 years from completion of the properties we are no longer required to maintain the original planting scheme ("making good losses" etc). Does anyone know if this includes the planting "to protect the privacy of neighbouring properties" as the neighbours believe the wild-sown ash to be the trees described in the planning permission conditions?

2. Should I be contacting the planning department to formally request permission to remove these trees due to the potential damage that they might do if they were to undermine the garage or infiltrate the drains? (My fear here is that they will then slap a TPO on it).

Thanks in advance for any advice.
 
Sponsored Links
Dark night, saw, job done. Why should someone else's nuisance become yours. Get them down before a jobsworth slaps a preservation order on them. Replant with something decent like oak or beech.
 
It's ten years for a beach of a planning condition, so you are not out of the woods yet
 
So if the ash trees are in breach of the planning conditions - get rid of them and replace them with real hard-wood trees, before the tree-police report you !
 
Sponsored Links
Cheers for the feedback.

My preferred option would be to remove them and replace them with something less damaging and better looking, but do I need to be going to the council to ask permission to do this (as if I don't and just go ahead with it the neighbour in question is likely to do so - I've tried negotiating politely)?

My thoughts are that approaching the council explaining that we want to remove the wild-sown trees and replace them with something else is likely to be looked on more favourably than doing it and the council getting a complaint from the neighbour.

Thanks again.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Back
Top