Neighbours tree canopy problem

[peca27]

Morning all

I'm just about to start a job for somebody + would appreciate a bit of advice on something I've not come across before.

Client has a house they're wanting to extend to the side, front + rear. Problem is to the side of the house a neighbour's tree canopy is overhanging/encroaching into the potential area of the extension. It's a mature tree with a canopy of approx 5-6 metres. It sits directly on the other side of the client's boundary fence, no idea if it's TPO'd or if there's any other restrictions.

I have very limited knowledge of tree's + legally what the process is with this type of thing. I presume we make the planning app (council will propably ask for a tree survey to be done as the works will effect the tree in question) and then the council's tree officer will ask the tree be trimmed back?

Any ideas much appreciated?

 

[^woody^]

Unless the is a TPO on the tree, then a landowner can trim trees and vegitation back to the boundary - and a vertical line upwards. This has nothing to do with planning

You must offer the branches back to the neighbour - not just throw them over the fence. If they don't want them, then you dispose of them

You will not need a tree survey on a single tree in neighbouring land, for an extension

 

[peca27]

Thanks for that woody.............

Just reading the planning app form I need to submit, section 7 reads as follows:

Are there any trees or hedges on your own property or on adjoining properties which are within falling distance of your boundary? - Yes or No
(The tree is literally the other side of the boudary + the canopy / root spread is approx 5-6 meters)

Will any trees need to be removed or pruned in order to carry out your proposal? - Yes or No

Not sure of it's 'nothing to do with planning' as you say, the next step I guess is to find out if there are any TPO's or other restrictions on the tree in question.

 

[peca27]

An update on the situation......

The tree doesn't have a TPO on it + it's not in a Conservation Area. The tree has now been cut back, with the neighbour/owners consent, by a Tree Surgoen. We've been told by the Tree Surgeon that it's a eucalyptus tree.

Questions are now:

- If we go ahead and dig the foundations for the extension, AFTER getting planning approval, will the tree die? The strip foundation will run through the root spread of the neighbours tree (that's if the root spread is similar to the canopy). The tree surgeon doesn't think it'll die.

- When we apply for planning, Mr Tree Officer won't come out + decide to TPO the tree (as our proposed works will rip through the root spread) will he? Thereby not allowing us to put our foundations where we want to.

- Ok the tree has been cut back etc etc...... but I hear these eucalyptus trees grow back quickly. If the canopy grows back to where it was, it'll be touching the roof of the new extension. It would have been better to take the tree out, but there u go.

As always, any advice much appreciated

 

[Richard C]

When we apply for planning, Mr Tree Officer won't come out + decide to TPO the tree (as our proposed works will rip through the root spread) will he?

He will probably come & look at the tree but what he then decides I put in an application about 6 years ago & an old Ash was in very close proximity, I caught Mr tree officer snooping around it without announcing his presence or getting permission to be on the land. I’m unsure if they have the same right of entry as BCO’s but I let him know in no uncertain terms I wasn’t happy & he beat a hasty retreat. I then thought I may have shot myself in the foot but no there was no TPO put on it.

Thereby not allowing us to put our foundations where we want to.

I don’t know what allowances have been made but the BCO may want foundations half way to Australia (3m) in that vicinity.

- Ok the tree has been cut back etc etc...... but I hear these eucalyptus trees grow back quickly. If the canopy grows back to where it was, it'll be touching the roof of the new extension. It would have been better to take the tree out, but there u go.

That’s really a problem for whoever your doing the job for. I’d be more concerned about digging right through the roots for the founds on one side of the tree; it might not die but may well not become unstable in bad weather, certainly worth going back & consulting that tree surgeon again.

 

[jeds]

Assuming the tree is about 3m away, even with the most favourable soil conditions you will need a trench about 2.2m - 2.4m deep. Chances are you are looking at piling there.

 

[peca27]

An update again for those interesed + a question at the end?

Now have a 'preliminary acceptance' for a reduced footprint extension in the locality of the tree. Also the tree has now been TPO'd, the neighbour / owner of the tree has been chewing the ear of Mr Tree Officer for the last few months.

Although reduced footprint extension in now deemed allowable, I have been told that a first floor bedroom within the roof space will not be acceptable as it's within the tree crown area??????

The proposed extension has a ground floor consisting of a bedroom, garage and WC. We were hoping to have a new bedroom on first floor level within the new pitched roof space. No dormers to this new bedroom, just 2 rooflights facing away from the canopy.

But Mr Tree Officer isn't willing to allow a first floor bedroom under the crown spread. Is this correct? Have I got any room for negotiation here?