Extension next to TPO tree - is it possible?

[Mr Underhill]

Hello,
Grateful for any advice as I cannot find a post which exactly matches my enquiry.

Part 1. I Have a large weeping Silver Birch which is located approx 3.5 m from property, the large canopy takes up a vast chunk of the garden, is there any realistic possibility that a council will permit removal of tree to allow use of that part of the garden? We love the the tree it is beautiful, but it really has taken over and is making back rooms dull and in the summer full of shade in the garden.

Part 2, I am considering an extension in the future to square the back of the property and give us a formal dining room, in normal circumstances probably agreeable under permitted development however I believe the TPO would alter that? Any new wall installed will be less than a meter from the tree, is having a the tree in that location a complete barrier to ever considering extending the property?
I would assume a wall this close would severely damage tree root system?

I have attempted a (bad) drawing to illustratelocation of tree to existing building, red lines are where any future extension would likely go to.

In have gained permission to reduce the canopy in the past as the branches were touching the property. I believe the tree to be over 50 years old and circumference of trunk is approx 141 cm.

 

[^woody^]

Planners would want an Arborist's report to determine if damage to roots was likely and if a root barrier system would be suitable.

Best thing to do is find a disease that the tree is suffering from - sudden branch drop or fungal attack are good ones, or find damage to the building that it is causing. Or allegedly.

 

[Notch7]

Arborist's report

Ka-ching

let’s hope the garden isn’t full of bats, newts and Dartford Warblers…..

 

[Ivor Windybottom]

You would be best to try justifying getting rid of it before even mentioning an extension. Claim it's a threat to the existing building. I think 8m is the usual guideline used by insurers, but check.

Suggest planting another one or more elsewhere, put some bird boxes up and waffle on about the environment and wildlife to anyone from the council.

Get rid of it, then get permission. Which should be straightforward once it's gone.

 

[freddiemercurystwin]

Yea screw the trees that have been there for decades, here's an idea, don't buy a house next to trees with TPO,s.

 

[^woody^]

Controversial.

 

[noseall]

. Claim it's a threat to the existing building.

I doubt there is a building in the UK, that has precedent over a tree. Expect a big fine and another tree planted.

 

[noseall]

or find damage to the building that it is causing. Or allegedly.

They'd just turn around and politely ask you to remove the building, lol.

 

[^woody^]

Ha. Probably.

 

[Ivor Windybottom]

My point is to try and get official permission to remove it before starting the planning process for the extension.

I'd say it is a threat to the building, it's very close. It's also possibly younger than the house at 50 years.

People plant trees in stupid places. They're lovely when they're not tearing your house apart.

 

[noseall]

My point is to try and get official permission to remove it

Have you ever engaged with a TPO officer?

 

[wessex101]

It might be worth speaking to an independent tree expert. I seem to recall that the silver birch has a relatively short lifespan and shallow roots so when they get to a certain size/age they tend to die or fall over. It might be that an arboriculturist could confirm that the tree is reaching the end of its life and should be removed before it poses a danger.

 

[Ivor Windybottom]

I suspect someone has applied drive-by TPOs across an area, and didn't assess whether they were actually of any merit.

I don't have any TPOs on my land. If I did I'd look into every option. Removal is unlikely but not impossible. It looks to be very close to the existing building, building out towards it definitely won't be allowed while the TPO is in place.