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  • Sick of sycamore.

    This recent sunny weather has brought home to me just what damage the sycamore in the corner of my garden is doing. Now its in full leaf it completely blocks the sun from almost half of my veg.

    Do any members know the law on having this cut back (What do they call that? is it crowning?) I don't want to remove it just lower it and thin it out.

    Also my neighbour is complaining the lower branches are damaging her shed.

    The tree is mature, large and on my property and we live in a conservation area.

    My fear is if I call in the councils tree conservation officer he will say no, and then if I still do it I will be in breach of his ruling.

    If I just do it, I can always claim ignorance of the law, age, confusion and my neighbours complaint.

    Any advice would be welcome.
    photo album of my garden in my profile http://www.growfruitandveg.co.uk/gra...my+garden.html

  • #2
    Best not break rules if you are in a conservation area....it's a consrvation area for a reason
    Someone is bound to dob you in it!
    Last edited by Nicos; 19-05-2014, 11:15 AM.
    "Nicos, Queen of Gooooogle" and... GYO's own Miss Marple

    Location....Normandy France

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    • #3
      The best way may be to call in a local tree surgeon for a quote. They will be able to offer a price for doing the work, but also tell you if it's something that needs "approval" or whether the fact it is causing damage is sufficient for bypassing any restrictions. You'll then have expert advice, plus a price for letting someone else (who is insured) have the hassle of preventing further damage from falling branches. They might also be able to advise the best way of approaching the authorities (for highest probability of approval) if a permit is required

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      • #4
        What Nicos said,knowingly breaking the rules is a big old no-no,plus what AiC said plus,you may well find that a tree surgeon who is registered with the council could sort the necessary approvals on your behalf
        Last edited by bearded bloke; 19-05-2014, 01:30 PM.
        He who smiles in the face of adversity,has already decided who to blame

        Artificial intelligence is no match for natural stupidity

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        • #5
          ^^^as above really. I live in a listed building and several trees nearby have conservation orders on them. When the tree surgeon comes, he asks what's what and sorts it out. I don't think they will stop you, just going through the red tape is a pain. That said though, one tree was cut down last year that had a conservation order on it because it had out grown it's space. A new one had to be planted nearby to replace it.

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          • #6
            We need to protect our trees! Too many have been lost over the recent years to disease, development and lack of appreciation.

            In my book, the more trees the better, though of course you have to take the long term view and plant them in an appropriate place where they will be able to thrive and develop without coming into 'conflict' with nearby buildings and gardens.

            You need to do things by the book, consult an arborist and if he recommends action of any sort then approach the local conservation officer to get the ball rolling.

            Bear in mind, major pruning/crowning at this time of year may well kill the tree. Best to wait till the autumn.
            Pain is still pain, suffering is still suffering, regardless of whoever, or whatever, is the victim.
            Everything is worthy of kindness.

            http://thegentlebrethren.wordpress.com

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            • #7
              Funnily enough I have got a tree surgeon coming round to advise me. The tree has no preservation order on it. Someone told me you can reduce the height by 22% without permission but I rather doubt that.
              I too love trees, but I love gardening too. I can live with it at a certain height but this is very imposing.

              Thanks for the input.
              photo album of my garden in my profile http://www.growfruitandveg.co.uk/gra...my+garden.html

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              • #8
                Quote from www.gov.uk site:
                "Trees in conservation areas have special protection. If a tree in a conservation area is not already protected by a tree preservation order, 6 weeks’ notice of proposed work to that tree should normally be given to the local planning authority.
                Location - Leicestershire - Chisit-land
                Endless wonder.

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                • #9
                  Originally posted by Bill HH View Post
                  Someone told me you can reduce the height by 22% without permission but I rather doubt that.
                  I too love trees, but I love gardening too. I can live with it at a certain height but this is very imposing.
                  To keep trees in shape it is often recommended to prune. I have a huge walnut tree and was advised to reduce its crown by a third. I had it done several years ago and it looks better now than it has for several years.

                  Trees often grow out of their allotted space and it's often best to replace them. There is no harm in getting rid of it if it's no longer looking it's best...just replace it with another one or two!
                  Last edited by Scarlet; 19-05-2014, 06:30 PM.

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                  • #10
                    Originally posted by Bill HH View Post
                    Do any members know the law on having this cut back
                    Originally posted by Bill HH View Post
                    The tree is ...on my property .... the councils tree conservation officer he will say no
                    "Sycamore trees, considered an important source of shelter for wildlife, are not automatically protected under the law but many are subject to local council preservation orders that carry a maximum fine of £20,000 when breached." Couple taken to court for pruning 'dangerous' trees - Telegraph

                    but ....

                    "You may prune or cut down any tree in your garden if it is not subject to a Tree Preservation Order (TPO) or situated within a conservation area."
                    Problems with your own trees

                    in order to make a Tree Preservation Order the local authority has to give the land owner written notice

                    Originally posted by Bill HH View Post
                    I can always claim ignorance of the law
                    Nope. Ignorance of the law is not a defence


                    ... and by posting on here, you could be proven to be aware of your non-ignorance (if that makes sense?)



                    Phone the council, explain the situation, and ask for advice.
                    Last edited by Two_Sheds; 19-05-2014, 07:15 PM.
                    All gardeners know better than other gardeners." -- Chinese Proverb.

                    Comment


                    • #11
                      Originally posted by Two_Sheds View Post
                      "Sycamore trees, considered an important source of shelter for wildlife, are not automatically protected under the law but many are subject to local council preservation orders that carry a maximum fine of £20,000 when breached." Couple taken to court for pruning 'dangerous' trees - Telegraph

                      but ....

                      "You may prune or cut down any tree in your garden if it is not subject to a Tree Preservation Order (TPO) or situated within a conservation area."
                      Problems with your own trees

                      in order to make a Tree Preservation Order the local authority has to give the land owner written notice

                      Nope. Ignorance of the law is not a defence


                      ... and by posting on here, you could be proven to be aware of your non-ignorance (if that makes sense?)



                      Phone the council, explain the situation, and ask for advice.

                      But I am still ignorant, my wife says so.

                      Anyway today I was cleaning my teeth and heard a monumental crash, I went outside to find a Wickes lorry had hit the tree and broken off a huge branch. I got a pic of it.
                      Within half an hour a council officer came round and asked me If I knew a branch had fallen of my tree and was obstructing the pavement. Also that I must remove the branch immediately. I said it didn't fall it was pushed by a Wickes lorry and I have a picture, the Lorry had mounted the pavement to get round the council lorry that was blocking the other side of the road. So its either Wickes fault or your councils fault but not mine. "Oh" he said and went away.



                      I have no doubt I shall hear more of this.
                      Attached Files
                      Last edited by Bill HH; 20-05-2014, 12:00 PM.
                      photo album of my garden in my profile http://www.growfruitandveg.co.uk/gra...my+garden.html

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                      • #12
                        Speaking to the council or not, it makes no difference, as you are in a Conservation Area. Ignorance of the planning rules is no excuse, and usually you cannot easily remove trees in such areas, though they are primarily there to protect the architecture or historical features of the buildings.

                        As somebody who sat on a planning committee for ten years, our reaction to those wanting to remove trees 'because the birds sit in it and cause a mess' or 'because it makes too much shade' did not get a sympathetic hearing. But if there was a structural threat to walls or buildings, then we tended to be sympathetic. If the tree is diseased and the tree officer thinks it should go, that is half the battle.

                        When all is said and done, a sycamore is a 'weed' species of tree and unless it forms an essential part of the street scape or views within the area, you should be able to do something. But if several neighbours object, you may have difficulties.

                        You DO need to approach the council planning department though and you could risk a serious fine by taking unilateral action.

                        I would think your best action would be to seek some severe pruning which will keep the tree but improve on your light levels.

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                        • #13
                          You sure you didn't arrange that ^^^ Bill. Sounds like some remedial pruning may be required as a result. Best ask the council what they propose to do about it since You're not supposed to prune it.

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                          • #14
                            Originally posted by BertieFox View Post
                            Speaking to the council or not, it makes no difference, as you are in a Conservation Area. Ignorance of the planning rules is no excuse, and usually you cannot easily remove trees in such areas, though they are primarily there to protect the architecture or historical features of the buildings.

                            As somebody who sat on a planning committee for ten years, our reaction to those wanting to remove trees 'because the birds sit in it and cause a mess' or 'because it makes too much shade' did not get a sympathetic hearing. But if there was a structural threat to walls or buildings, then we tended to be sympathetic. If the tree is diseased and the tree officer thinks it should go, that is half the battle.

                            When all is said and done, a sycamore is a 'weed' species of tree and unless it forms an essential part of the street scape or views within the area, you should be able to do something. But if several neighbours object, you may have difficulties.

                            You DO need to approach the council planning department though and you could risk a serious fine by taking unilateral action.

                            I would think your best action would be to seek some severe pruning which will keep the tree but improve on your light levels.
                            I have no intention of felling the tree, I like trees but this one is ruining my garden. I just need to lower it.
                            photo album of my garden in my profile http://www.growfruitandveg.co.uk/gra...my+garden.html

                            Comment


                            • #15
                              Originally posted by veggiechicken View Post
                              You sure you didn't arrange that ^^^ Bill. Sounds like some remedial pruning may be required as a result. Best ask the council what they propose to do about it since You're not supposed to prune it.
                              VC you have a wicked mind.
                              photo album of my garden in my profile http://www.growfruitandveg.co.uk/gra...my+garden.html

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