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How do I get a Tree Preservation Removed?

I recently bought a piece of land in a residental road.  The land is just scruffy woodland and has not been managed or kept tidy and here dont appear to be any beautiful trees. I wanted to plant my dream garden on it as I live in rented accommodation and longed for a garden of my own.  Before I even got started the local residents wrote to the Council and got a Preservation Order put on the whole of my plot.  The Planning Officer has given until Christmas Eve to appeal. What on earth can I do as I spent my life savings on a plot that is useless unless I can get this removed?

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  • Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • Pete.8Pete.8 Posts: 11,340

    I work part-time in a related industry.

    I stress - As far as I know, TPO's apply to individual trees and to obtain the TPO in the first place, the tree has to meet certain criteria.
    I've never come across a conifer of any sort with a TPO and generally most trees need to earn the right to a TPO.

    Best of luck


    Billericay - Essex

    Knowledge is knowing that a tomato is a fruit.
    Wisdom is not putting it in a fruit salad.
  • GemmaJFGemmaJF Posts: 2,286

    High Pete, it must vary a lot, as I know ALL trees around here have an automatic TPO! This information was given to me by the local district council arborist.

    Sounds mad but I can honestly tell you it is the case. So Shirley's situation where all the trees of a given plot have been given that status sounds plausible enough.

  • LoxleyLoxley Posts: 5,698
    The trees (as a group rather than individually) must have been deemed of 'visual amenity' to the neighborhood. A tree survey will allow you to argue for the removal of trees the surveyor recommends for removal, which will be diseased or dangerous specimens. You may still have to replant other trees to compensate though.



    So sorry this isn't more encouraging. You can still have a wonderful (woodland) garden though. And you wouldn't have anything to lose by proposing a new scheme with a similar number of trees, but perhaps more in keeping with what you have in mind for your garden.
    "What is hateful to you, do not do to your neighbour". 
  • DorsetUKDorsetUK Posts: 441

    Could be the residents think you want to build on it! That's often why people buy scruffy bits of ground

  • KatziKatzi Posts: 15

    Was it used by the locals before you bought it? Maybe it was an informal dog walking area and they feel peeved that you have come along and intend to deprive them of something that they feel was theirs?

    If its untity, used as a dump and never used by people maybe it's just NIMBY.  Could be, of course that they are just jealous.

  • Perhaps you could put up a few pics of the plot.  It sounds quite an interesting challenge.  sometimes a few restrictions bring out the most satisfactory outcomes.

  • LoxleyLoxley Posts: 5,698
    DorsetUK makes an excellent point. You could try meeting your local residents (hopefully the ones who asked for the TPO). Get your ideas for the garden down on paper, and discuss with them until they are happy to confirm (to the tree officer and planners) their agreement that your plans will actually improve the 'visual amenity' of the area.



    It might be an idea to let the tree officers / planners that you intend taking this course of action, but will need a little more time to consult with local residents.
    "What is hateful to you, do not do to your neighbour". 
  • GemmaJFGemmaJF Posts: 2,286

    I would recommend taking a step back, possibly getting to know the locals and their concerns would help.

    Another issue could be protected species (my thing) and that could cause a huge expense in terms of survey work to support planning permission for any change of use.

    In terms of TPOs I have had no trouble getting them lifted for conservation work, for example opening up an area to more sunlight where a pond is to be dug. It was a fairly simple process of a site meeting with the tree officer and agreement to lift the TPOs. 

    I don't think it is a closed case Shirley, but you may have to take things carefully and be aware of the issues that you may face along the way.

    I think Dove probably hit the nail on the head regarding the locals fearing development, so even if you get around the tree issue, expect the next issue will be the site is full of bats, great crested newts and dormice, all of which have their habitat protected under the Wildlife and Countryside Act .  If the locals know you only plan to create your dream garden, things might be a lot easier.

     

  • The irony is that recent 'government' planning changes mean developers would likely have the ability and necessary resources to overturn this, while an individual who has soley good intentions will probably not.  Good ideas to make your intentions clear to both council and local residents.  Having written plans and drawings may help, but you would likely have to stick to them so make sure you get those right.

    A trowel in the hand is worth a thousand lost under a bush.
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