Tree

[jamme]

It is concerning about my neighbour who had been complaining about my large Ash tree in our back garden. Although the tree officer has served notice on the tree six months ago, he has left the decision open and my neighbour is demanding to cut the tree down again. She has written twice to the Council claiming the tree is causing structural damage to her garage and drive. Sure the tree is still protected until the Council can justifed a decision. Any advice?

[sandbach99]

Get in touch with the Officer concerned at the council ask for a written answer then you can show it to your neighbour if you are unable to cut the tree down. If the council say you can do anything to the tree, remember you have to live with this neighbour, and get a tree surgeons' advive

[Didwot]

Ash trees are notorious for their thirst, and their long roots. They can cause damage to more than just garages and drive ways, both by the direct effect of the roots, and by drying out the soil and causing it to shrink, at a considerable distance.
If you allow your tree to grow to such an extent that it does cause damage to your neighbour's property then you (or your insurers) may be liable to pay for putting it right.

[alan30]

Not very clear exactly what you mean?  The tree officer has served notice - do you mean a Tree Preservation Order (TPO)?  Left the decision open?  If the council have served a TPO on you and the neighbour then the neighbour can apply to carry out works to the tree including felling the tree.  If permission is granted the neighbour cannot enter your land ithout permission; they could trim roots and branches back to the boundary.  If the niegbour can prove that works are required to abate a nuisance (in the legal sense) then works to abate the nuisance would not require permission under the TPO.  Again the neighbour cannot enter your land without your permission.  If you are referring to an emergency TPO the council must confirm the TPO within 6 months or it will lapse.  If your neighbour has mad an application to carry out works under the TPO the council should determine it within 8 weeks or an appeal can be made although this process can be lengthy.