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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live next door to a school that has large oak trees that

Resolved Question:

I live next door to a school that has large oak trees that over the years have grown to dominate my home, overhanging my bungalow, causing heavy moss build up on the roof, which also collects large amounts of tree debris as smaller branches break off and land on my roof. The debris and leaf fall amout to about 2 tons per annum - after 13 years of clearing it I have worked this out as I loose upto 10 days a year just collecting the leaves and debris. The leaves and debris also repeatedly block my guttering, about 8 times a year on average, which I try to keep clear on a regular basis. When heavy rain falls the gutter being blocked fail and water cascades off the roof, meaning I regularly have to go out when there is heavy rain to unblock the guttering - otherwise water occasionally ingresses into the bungalow as the various gutters become overwhelmed. I have tried to trim back the tree, each trim costs me about £500 as a cherry-picker is needed, but still branches have now grown accross my bungalow at a height too high to reach with the size of equiment that can be got into the space available.
I have a few times discussed the matter with the school and a council officer who comes round to inspect the trees, but was told I can only trim back at most 15% of the branches, and that all the other problems were mine. In other words, tough! Even an offer to pay to have the main problem tree removed, to give the school handsome compensation and to pay for the planting of 2 acres of new trees met with a lecture on how important each and every single tree is - despite me offering to replace 1 with 100's.
As I sit here the back of my bungalow is covered in moss and debris, (it is removed regularly), and the leaves and small branches are starting to pile up on the patio area between my bungalow and boundary fence, So soon it will be out with the garden vacuums - I have 2 to cope with the leaf fall - with weekly trips to the local tip with ten bins of chopped up compressed leaves each weighing around 30lbs loaded into my X-Trail, plus filling the large council provided green waste wheely bin. This usually takes 10 to 12 weeks/trips/fills to remove the main fall, followed by less frequent events later in the winter. The leaf fall from my own trees just fills the council green waste bin twice, with no trips to the tip needed.
Even the risk of a large branch breaking off and damaging my home has little weigth with the council as this is an "act of God"; perhaps I should do as Billy Connolly did in a film and get them to prove God exists to substantiate this.
Any new thoughts on how to approach this matter other than selling up and leaving would be most gratefully received.
Best regards, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Dear Nicola,

Please carry on with your search.

Regards, ***** *****

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you written to complain to the Chief Officers office at the council yet please?
Customer: replied 2 years ago.

No, as I got the impression from the council official who came out to the school that this would be a waste of time.

Regards, ***** *****

Expert:  Ash replied 2 years ago.
You should write and complain to the Chief Executive Office. They investigate complaints for residents and are independent of the school. You should also complain to your local Councillor -that is what they are elected for.
If you get a response back from the Council and it is not good, then you can complain to the Ombudsman. They are free and offer a service to review the complaint. Their website is: www.lgo.org.uk
But these are the steps you should take.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
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