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Protected Trees

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greeneyedmonster | 23:36 Tue 26th Aug 2014 | Home & Garden
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Just wondering if anyone has any knowledge of the likelihood of getting a Tree Preservation Order overturned?
We have a decent sized garden (though not enormous by any stretch of the imagination) but have some very large, very leafy trees which hang over our patio and lawn and unfortunately attract a lot of pigeons. We were not aware of the TPO when we bought the house in December.
Our patio, decking, grass and garden furniture is splattered heavily on a daily basis with the result that we don't want to sit outside and eating out there would be a complete no-no. I frequently have to take washing in that has been pooed on and as I know the droppings can carry disease I am rather concerned for my little dog and also for myself when I try to clean it.
I know the preservation orders are there to "protect trees that bring significant amenity benefit to the local area" but in reality, as all of our neighbours also have loads of trees in their gardens it honestly would make no difference whatsoever if some of our trees were chopped down. It is sad to do this but the situation is severely affecting our enjoyment of our garden and is a potential health hazard.
I would be really grateful for any advice anyone can give as the situation is really getting me down.

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Shouldn't your solicitor have brought the TPO to your attention? You might have grounds for a case against him/her for negligence.
I am guessing you were aware of the trees when you chose your property?
It's unlikely that you will get the TPO overturned.
Your problem can be moved within your garden. The tree can't. This is what I was told
Digressing,but how did you get on with your claim for the damage caused to your mirror and TV,caused by the removal firm.

I trust that you managed to arrive at a settlement figure close to the amount that I thought would be fair.
-- answer removed --
Seems to me that your problem is with the pigeons rather than the trees.

Have a chat with someone in the councils planning department, it may be possible to have the tree crowns reduced.

good luck.
Sue your solicitor - he should have found it when conducting a search for your purchase.
AND
Apply for planning permission to either lop or fell the offending tree (not very promising route)
OR
Kill the tree (e.g. copper nails - Google "killing trees") then cut it down as a hazard (TPO allows this latter I believe - remove evidence of former first however)
>>>Cut it down, pay the fine, job done.

Given that the maximum fine is £100,000 (or unlimited upon indictment) that could be an expensive route! [The same maximum penalties apply to deliberately damaging the tree]. Plus, if you cut it down you can be required to replace it with a similar tree at your own expense. (Buying, moving and planting mature trees doesn't come cheap!).

The chances of getting a TPO removed are effectively nil. You should instead seek approval to reduce the size of the tree (by lopping some branches), thus reducing the area of your garden which is overhung by the tree.
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The TPO was definitely not pointed out by the solicitor. One of our neighbours chopped one of his down early this year and he reckons the council don't know which trees are protected, but another has told us the deeds actually have little trees marked on them!
I think plan A - we will have to contact the council and then if we have no luck, I'll be off to B and Q for a load of copper nails ;-) However, I have just read this on www.localgovernmentlawyer.co.uk which is quite encouraging

"New orders, made after that date, (2012)will therefore be much shorter and simpler. As for an order made before that date, its contents can now be safely ignored, except insofar as it specifies which trees are protected". I don't understand?? Does this mean we can ignore the order??

SirOracle-we did eventually settle on a figure for the damage but it was nowhere near what we'd hoped for...plus nine months on we haven't received a penny yet. A lesson definitely learned there-make sure you get a reputable removal firm who have a new for old policy!
Sorry to hear that you have not yet received settlement of your claim.

I very much doubt if any remover does in fact have a liability policy on a new for old basis.

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