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oak tree advice

property over the back of mine has been granted permission for a double story extension. the issue is at the back of my garden there is an oak tree, i am worried that when they dig down to create footings, drainage etc it will damage the oak tree routes my next door neighbour some years ago had roots come up in her living room floor and oak tree roots grow up to 4 times the height of the tree, my issue is will the owner over the back digging and cutting roots cause issue to my property, possible subsidence etc? 

Comments

  • I assume you have:

    house
    garden
    garden
    house

    if so their extension isn’t going to cause you issue with things like subsidence. Subsidence (if on clay) is caused generally by leaking drains or removal of too much moisture causing the clay to shrink.

    if they are excavating within I think 3m of your foundations party wall laws apply.

    how far is the oak tree from their extension?
  • @Rob7Lee the oak tree is about 1m from there extension wall. I have made a sketch to show location, I expressed concerns to council as it has been ignored and permission has been granted.


  • How bigs your garden?

    Yes they will have to cut roots, they will also likely have to put in deeper foundations with some form of tree root barrier otherwise they themselves could suffer subsidence in the future if we have a very dry summer (again assuming you are on clay). Although oak roots tend to be quite shallow.

    building control will deal with what’s needed for their foundations.

    oaks are quite hardy, if you cut smaller roots the tree will regrow, if they are cutting large roots it could effect the tree stability and health. Might be worth consulting an Arborist and speaking to them.

    worth pointing out to the neighbour if it weakens the tree stability and we have a large storm/hurricane the tree is likely to end up on their new extension!
  • edited September 13
    @Rob7Lee
    thanks for this, i agree that they themselves are at more risk, suppose what i was wondering is if they cut the roots at the side would the roots start regrowing my side?. 

    my garden is 18.6m x 6m
  • If you cut a large root it will tend not to reshoot (by large talking 4” plus). Possibly your side would grow more but unlikely, it’ll just make the tree unstable potentially.

    if they have drainage near the extension they are at risk of the tree damaging the drains (which could cause subsidence).

    id talk to the neighbour and employ an arborist for advice.
  • Just chop the bloody tree down.
    Problem solved 
  • Where is our resident neighbour / tree issue expert when you need him?
  • Just chop the bloody tree down.
    Problem solved 

    Apart from it may cause Heave........
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  • Just tie a yellow ribbon round it.
  • ask for a Tree Preservation Order
  • I think you need to speak to your neighbour ASAP and tell him that you are going to have to seek professional advice, otherwise you will unfortunately be left with no alternative than to object to his application.....which you may do anyway, depending on the surveyors report.
    He needs to consider that he will be held responsible for the payment of the survey you are planning......if he doesn’t agree, inform him that you will be left with no alternative other than to apply for a tree preservation order, which, for a well established oak, should be a formality.
    In fact, seeing as it’s an oak, I have an in-cling the tree may well already be protected.
    I remember a few years back the tree officer in Bromley was shit hot on this kind of issue and she would go to just about any lengths to save protected species.........of which I believe oak is one.
    Property developers in Bromley used to run shit scared of her, she took no prisoners......and rightly so.
  • I think you need to speak to your neighbour ASAP and tell him that you are going to have to seek professional advice, otherwise you will unfortunately be left with no alternative than to object to his application.....which you may do anyway, depending on the surveyors report.
    He needs to consider that he will be held responsible for the payment of the survey you are planning......if he doesn’t agree, inform him that you will be left with no alternative other than to apply for a tree preservation order, which, for a well established oak, should be a formality.
    In fact, seeing as it’s an oak, I have an in-cling the tree may well already be protected.
    I remember a few years back the tree officer in Bromley was shit hot on this kind of issue and she would go to just about any lengths to save protected species.........of which I believe oak is one.
    Property developers in Bromley used to run shit scared of her, she took no prisoners......and rightly so.


    There is no TPO blanket coverage for oak trees.

    I have a 300 year old in my garden that does have a TPO, not that I would ever want it taken down or damaged.

    As far as this situation is concerned I would second the comments about having a survey.  

  • I can't believe anyone would start a thread about a tree :smile:

    Really? Just to remind you, this is Charlton Life.
  • I can't believe anyone would start a thread about a tree :smile:
    Oi......it ain’t any old tree......it’s a mighty British Oak.
  • bobmunro said:
    I can't believe anyone would start a thread about a tree :smile:

    Really? Just to remind you, this is Charlton Life.
    ...which has branches everywhere.....
  • thanks all

    charlton life as per always brings some great response and v useful
  • Once a planning application has been approved you have no real powers to object. You can report the process to the local government ombudsman but they can't force a change in decision.
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