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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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I have a protected sycamore tree in my garden which is

Customer Question

I have a protected sycamore tree in my garden which is dangerously close to my bungalow. Also a great deal of light is cut out. This causes a great deal of stress and ansiety to my wife and I both in our seventies. We can get permission to trim the tree but this doesn't help as the tree very quickly replaces any branches that are cut off.
I would like to know to know the best way to appeal to the council to take the legal protection off the tree so I could legally remove it, and would human rights law help us in this? Many Thanks John Curran.
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

This isn’t a human rights issue.

It is a common law nuisance and negligence issue.

The tree could be problematical for 2 reasons firstly if there is anything wrong with the tree or if it blew down, and it damage to your property and secondly, if the roots are potentially damaging the foundations. The roots will generally spread out as far as the tree is high.

There is no easy way of appealing the Tree Preservation Order once it is in place.

You have probably seen this website from the government

https://www.gov.uk/appeal-decision-about-tree-order/when-you-can-appeal

firstly, you have to ask for consent to remove the tree and then if they refuse, you appeal.

The grounds for appeal are on the form but what I would also suggest you do is make the application for consent and with it, put a covering letter advising the council that if the tree causes any damage to your property as a result of their failure to agree to have it removed, the you are putting them on notice that you would be seeking compensation from them.

That letter would be better coming from a solicitor or planning consultant. If you want to have the maximum chance of getting the initial application and failing that, any subsequent appeal through,I would suggest that you use the services of a planning consultant who will know exactly who the personalities are in the local authority planning department and how they work and will know exactly what’s in their minds and hence, out to word the initial application and any subsequent appeal.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you I am happy with your advise. There is one other point. I have heard that a doctors letter citing anxiaty and lack of sleep can help with the appeal please comment on this. Many Thanks John.
Customer: replied 10 months ago.
Thank you, ***** ***** happy with your advise. There is one other point, I have heard that a doctors letter citing anxiety and lack of sleep can help with the appeal. Please let me know your comment. Many Thanks John.
Expert:  F E Smith replied 10 months ago.

Thank you. By all means add that into the application but it’s unlikely to make much difference in my opinion.

However the sake of getting the letter, I think the more that you put in, the better