How to obtain permission to remove trees in a conservation area?

[Nick]

I have the dubious privilege of living in a conservation area. My neighbour
has four Leylandii growing at the boundary of our properties. The trees are
now about 12m high and were planted by the previous owner. They are no more
than 20cm from the wall of an extension attached to my house. All are more
than 75mm dia. The damage caused by the roots, trunks and branches of these
trees have now rendered the extension derelict, also the drainage to my
house has been suffering recently. No doubt the trees are not doing the
structure or fabric of my house any good. Both the house and the extension
existed long before the trees. The proximity of these trees has made the
outside decoration of this part of the house impossible for quite some
years.
I know I should have done something about this before, but I didn't. Now
push has come to shove.
Fortunately, I am on good terms with the neighbour. We have broached the
subject before but, as said, nothing has been done. Yet.
My intention would be to have the trees removed and demolish what remains of
the extension. Then rectify any damage to drains and house structure. Then
rebuild the extension, at current dimensions, to a more modern standard that
will be acceptable to us both. I would be responsible for renewing fencing
between our properties.
Above all, I do not want to antagonize my neighbour. I know how very easily
this can happen.

I would not want to, and will not, put my neighbour to any expense in this.

Before I approach her again I would like to know how best to approach the
local council for permission or licence to remove the offending trees.

I know this council and perhaps others can be.....err..... intractable in
such matters.
I can then speak with her and, I hope, have a coherent plan.

Sorry for rambling, but that's it in a nutshell.

Nick.

[Peter Crosland]

"Nick" <nick...@NOSPAM.tiscali.co.uk> wrote in message
news:9si11h...@mid.individual.net...

P.S. Whilst I understand you wish not to antagonise your neighbour it might
be worth approaching your insurers because the costs of all the remedial
work my be recoverable from your neighbour's insurers.


Regards from

Peter Crosland

[Peter Crosland]

"Nick" <nick...@NOSPAM.tiscali.co.uk> wrote in message
news:9si11h...@mid.individual.net...

I doubt there will be a problem with getting permission to fell leylandii.
An application is quite straightforward and there is likely to be guidance
on your local council's website.


Regards from

Peter Crosland

[therustyone]

Phone and ask if your council has a conservation officer. Otherwise
planning department. Make the point about (major and increasing)
damage.
I think they are only interested in conserving deciduous trees and
even then, if they were causing damage to drains, probably no
objection.

rusty

[Peter Crosland]

"therustyone" <johned...@gmail.com> wrote in message
news:bf1abca4-b160-4d5d...@i18g2000vbx.googlegroups.com...

_____________________________________________________________________________________________________________________________

Sorry to say but you think wrong. about deciduous trees being the only ones
that are conserved. Evergreen trees are frequently protected either by
specific tree preservation orders or within conservation areas..

Regards from

Peter Crosland

[Percy Picacity]

On 2012-03-17 14:20:09 +0000, Peter Crosland said:

> "therustyone" <johned...@gmail.com> wrote in message
> news:bf1abca4-b160-4d5d...@i18g2000vbx.googlegroups.com...
>

> Phone and ask if your council has a conservation officer. Otherwise
> planning department. Make the point about (major and increasing)
> damage.
> I think they are only interested in conserving deciduous trees and
> even then, if they were causing damage to drains, probably no
> objection.
> _____________________________________________________________________________________________________________________________
>
>
> Sorry to say but you think wrong. about deciduous trees being the only ones
> that are conserved. Evergreen trees are frequently protected either by
> specific tree preservation orders or within conservation areas..
>
> Regards from
>
> Peter Crosland

Indeed, Yew trees have provoked some very major battles. But I agree
if damage to property is proved, and if necessary a specialist
surveyor's report obtained, then it should be possible to get them
felled. And the OP is right that it will save him untold grief and
financial cost to do so in co-operation with the neighbour, even if it
means paying himself part of the cost that legally the neighbour is
responsible for.


--

Percy Picacity

[NT]

On Mar 17, 5:15 pm, Percy Picacity <k...@under.the.invalid> wrote:
> On 2012-03-17 14:20:09 +0000, Peter Crosland said:
>
>
>

> > "therustyone" <johnedhud...@gmail.com> wrote in message

If the council say no initially, get a professional's# report advising
their removal for the house.


NT

[Ken]

In article
<9bd8e09b-af45-469d...@fk28g2000vbb.googlegroups.com>, NT
<meow...@care2.com> writes

They won't say no initially. What I think that the Council is likely to
do is to insist that the request for felling is made by the owner or
occupier.

They will then issue a notice to be affixed to the property giving
neighbours the chance to object. If no objections they will allow it to
go ahead.
--
Ken

[Ken]

In article <5fv65i....@news.alt.net>, Percy Picacity
<k...@under.the.invalid> writes

I would guess that the poster meant deciduous as oppose to conifers and
wasn't thinking of Yew, holly and so on. The Council would have a lot of
explaining to do if it sought to conserve a Leyland Cypress.
--
Ken

[Peter Crosland]

"Ken" <K...@dasha.demon.co.uk> wrote in message
news:PHPIfgAy...@dasha.demon.co.uk...

____________________________________________________________________________________________________________________________

You are just making it up as you go along without actually knowing what the
rules are. An application to do work on trees in a conservation are
essentially the same as for a planning application. An application is made
and publicised so that comments can be made by any interested person.
Consent is not automatically granted if there are no objections. It will be
considered on its merits by a planning officer who almost certainly consult
the Council's own specialist. If there is good reason to grant the
application then it will be approved or if there is not it will be refused.
Like any planning application the better the application the more chance
there is that it will be approved. Employing a professional can often pay
dividends.

Regards from

Peter Crosland

[Percy Picacity]

Yew is a conifer. And some people like some leylandii!
--

Percy Picacity

[Roland Perry]

In message <PHPIfgAy...@dasha.demon.co.uk>, at 18:15:02 on Sun, 18
Mar 2012, Ken <K...@dasha.demon.co.uk> remarked:

>What I think that the Council is likely to do is to insist that the
>request for felling is made by the owner or occupier.
>
>They will then issue a notice to be affixed to the property giving
>neighbours the chance to object. If no objections they will allow it to
>go ahead.

I've had two trees removed (with permission from the council) from two
different properties in Conservation Areas. Only one involved displaying
such a notice (which was for the smaller tree, that wasn't visible from
the road).
--
Roland Perry

[Ken]

In article <5g3c7l....@news.alt.net>, Percy Picacity

I'm afraid you're wrong. Yew is not a conifer, it's a taxale. Same class
different order. Putting it another way, conifers bear cones and yews
bear fleshy arils.

More importantly you were picking up on something which is a bit of n
oddity and is unlikely to be what the poster had in mind.
-

-
Ken