I’m in the process of trying to get a tree removed. A week before it was due to be dismantled the council put a tpo on it.

I duly canceled the arborists and appealed the council’s decision to put the tpo in place.

I’ve now been told my appeal has failed and the tpo is being upheld. The letter tells me my next avenue of appeal is to the high court within 6 weeks on very specific grounds to do with the town and country planning act, no mention of if the TPO is appropriate etc.

A bit of googling this morning suggests asking for an appeal will cost me circa £1200.

Has anyone any experience of contesting a tpo (not a planning refusal based on one as yet)?

Does the 1200 sound right? If it does I guess I’m better applying for planning at this point rather than contesting the order in the first instance. On the assumption that the TPO was put in place specifically in response to my wanting to remove the tree I’m guessing that my application will be refused, but that I’ve more grounds to contest the refused planning application on the basis the tree is a nuisance and risk to persons and property than the TPO itself. (Which, as above, it seems i can only now contest on grounds of process)

Cheers

I viewed a house ages ago with a massive tree really near the house, it had a tpo on it so nothing could be done. It blocked out the light, view and made the house look silly. Anyway, we did not purchase because of it, put us right off in fact. If it blew over the house and occupants would be toast.

Sorry not much use in your case.

You can only challenge in the High Court on procedural grounds, not whether or not the tree warrants the TPO. £1200 sounds extremely cheap for the sort of legal backup you’d need for that, if it was a runner.

The more practical option is apply to fell the tree, if the council refuse then you can appeal that decision to the Planning Inspectorate. They have a straightforward process for that, it’s called fast track but isn’t. If you get a refusal you can make another application, for instance if there are new reasons for wanting to remove the tree.

Official guidance on TPOs is here and is pretty useful Link to Gov.UK

If you want to pursue it it might be worth getting professional advice on the tree. Arb Assoc consultants

Death to nimbyists, not trees!

Out of curiosity, why are you trying to get the tree removed?

Always easier to ask for forgiveness than permission…

I’d just drill it and inject with glyphosate in a few places… It’ll be dead in 12 months. Then tell them it’s diseased and needs to go.

What sort of tree is it?

I’d just drill it and inject with glyphosate in a few places… It’ll be dead in 12 months. Then tell them it’s diseased and needs to go.

Stay classy.

councilof10 – Member
Always easier to ask for forgiveness than permission…

I’d just drill it and inject with glyphosate in a few places… It’ll be dead in 12 months. Then tell them it’s diseased and needs to go.

What sort of tree is it?

£30,000 fine for breach of a TPO says otherwise…

Good luck, the company which owned the building we are in before we did appealed against a TPO they believed to be applied in error. They ended up with TPOs on their 5 leylandiis as well. 😆

They are a sodding ridiculous size now, and completely overhang and block the light for 4 houses due to their position. Until this year we were always refused permission to cut them back at all. They allowed us to take take 20% off this year. This is them after the cut 😀

The reason for wanting rid, primarily from a legal point of view is (my contention) its a nuisance – it interferes with telecommunications cables (I’m surprised bt haven’t had it pulled down as its causing heave under the exchange which is maybe 500mm away from the tree we’ve good reason to believe it’s constricted the water main too. Physically in contact with my roof/making a racket in high winds which leads to a significant loss of sleep (mainly in winter obviously) surveyor flagged it as a risk (no tpo when we bought) according to insurers it should be 20+ metre from the house, its maybe 6.

1200 ish is the cost of applying as best i can see for an appeal. Cost of actual advice/representation on top of that.

Had the tree been managed it would be fine but its been allowed to get too big.

I’m happy with a replacement tree (or just the hazel underneath to grow) its just totally inapropriate for a tree of it’s size to be so close to houses imo. Should it (or part of a major limb) fail, I’m looking at a new roof and significant injury to anyone in the back bedroom at least.

dangeourbrain – Member
The reason for wanting rid, primarily from a legal point of view is (my contention) its a nuisance – it interferes with telecommunications cables (I’m surprised bt haven’t had it pulled down as its causing heave under the exchange which is maybe 500mm away from the tree we’ve good reason to believe it’s constricted the water main too. Physically in contact with my roof/making a racket in high winds which leads to a significant loss of sleep (mainly in winter obviously) surveyor flagged it as a risk (no tpo when we bought) according to insurers it should be 20+ metre from the house, its maybe 6.

Yeah, about that… 😆 see those wires in the pic above? Power cables.

There are also phone lines on the other side and a water main underneath. Made no difference.

I really hope you do better than we did.

Always worth talking to the councils tree officer, perhaps meet him on site. I’ve found they are usually very fair people but if you cross them then watch out!