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Has anyone on here ever had to remove trees from the verge of their plots for any reason?

as you may know we have two plots we are currently marketing and we have a chap who has applied for detailed permission on one of them.

At the time when we got the planning in principle the roads department were concerned with the lack of enough visibility splays and we then had to do a traffic survey.

at the conclusion of this they agreed to relax the visibility splay and agreed that this could be achieved by removing some of the trees on the verge. Now I’ve had this potential buyer asking me about removing the trees and who should he gain permission to do this from,roads department have advised him 4 trees will have to be removed or he will not get the permission, after making some enquires I’ve been told the trees will belong to the roads department, he is afraid he won’t get the necessary permission but surely if they are suggesting it they must be willing to allow this to happen?

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I suspect "different departments" will come into play here.

 

The highways man says they need to come down. The tree officer may say no.

 

Look carefully at your deeds. Where is your boundary? are they actually on your land?

 

It would be a shame if something happened to them and they died.:ph34r:

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Yeah personally if I’d been dealing directly with this they would have mysteriously disappeared but it’s out of my hands, he’s got back to me to say he’s spoken to planning and roads and as you rightly say it’s a different department, planner has said he’ll speak to them next week 😩

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We had to do this, although we did it via the proper channels before we got planning. In our case the roads dept  were keen to see the trees go for a number of reasons. I think we told the tree officer and FC what was going on (felling exceeded 5m3 so we needed a felling license exemption ). Suspect it might be a bit different if the only reason for removal is to create a new access.

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We similarly had two trees right on the verge that were in the way, one was where our drive needed to go, the other had grown around an overhead power cable that needed to be moved.  Before submitting our planning application I got a chap in to cut both of them down.  Didn't tell anyone before hand, in case they objected.  I got a few moans about it afterwards, but it wasn't as if I could have glued the things back.  The council received a couple of complaints but couldn't be bothered to do anything.

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We have a wooded area to two sides and a line of trees at the front 

We decided to cut down seven mtr trees Nothing happened 

Over the next three weeks we cut down a further twenty six 

Most land owners are not bothered 

Unless you ask for a contribution 

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1 hour ago, jamieled said:

 (felling exceeded 5m3 so we needed a felling license exemption ). 

What is this 5 cubic metre thing, and a felling licence?

 

I have some trees on my land to trim. I don't expect to ask anyone or get a licence. There are no TPO's.

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Posted (edited)
2 minutes ago, ProDave said:

What is this 5 cubic metre thing, and a felling licence?

 

I have some trees on my land to trim. I don't expect to ask anyone or get a licence. There are no TPO's.

 

Removal of > 5 cubic m within one quarter requires a felling license from the Forestry Commission.

 

Do it 4 cubic m bits, 14 weeks apart. Except for nests and bats.

 

F

Edited by Ferdinand

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2 minutes ago, Ferdinand said:

 

Removal of > 5 cubic m within one quarter requires a felling license from the Forestry Commission.

 

F

Over what time period?

 

I have a tree thinning program, removing bits gradually over a number of years.

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2 minutes ago, ProDave said:

What is this 5 cubic metre thing, and a felling licence?

 

I have some trees on my land to trim. I don't expect to ask anyone or get a licence. There are no TPO's.

I’ve read about this felling thing but seems to purport to trees on your own land however these trees are on the verge so out-with our ownership, I wouldn’t foresee a problem as it’s not a conservation area and there are a few trees within 100m which have been removed recently, don’t know who these were felled by 

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Posted (edited)
8 minutes ago, ProDave said:

Over what time period?

 

I have a tree thinning program, removing bits gradually over a number of years.

 

A Calendar Quarter.

 

FC booklet:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/699889/treefellingaugust.pdf

 

You are going to be exempt if you do not sell it I think.

Edited by Ferdinand

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13 minutes ago, ProDave said:

What is this 5 cubic metre thing, and a felling licence?

 

I have some trees on my land to trim. I don't expect to ask anyone or get a licence. There are no TPO's.

I was all for asking permission 

till my wife pointed out that while there where no Tpos showing on the web

That could quickly change 

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Posted (edited)

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https://www.google.com/url?sa=t&source=web&rct=j&url=https://gateleyplc.com/wp-content/uploads/2016/05/Beware-red-line-boundaries-1.pdf&ved=2ahUKEwjU6qi0htjiAhVhqnEKHS41AMkQFjAQegQICBAB&usg=AOvVaw1Mjbtjs6A3v5zwudKsepBf&cshid=1559934616390

 

"Roads and rivers
There is also a legal presumption in relation to roads. Plans will often show that the boundary runs up to the
edge of the road. In fact, there is a presumption that the boundary runs down the middle of the road. If the road is a public highway, then the Highways Authority owns the surface and the necessary amount of airspace above it, but the adjoining landowner still owns the land underneath, up to the middle of the road."

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Interesting.  I had to query land ownership with the highways authority as I wanted to put a culvert in the ditch at the front of the plot to improve access onto the road.  They said that they had ownership of 1m either side of the highway (i.e. road and footpath), and that they had no interest in anything outside of that.  As above, if the trees are a little way into the verge, they might be yours anyway.

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There is something called the "Riparian" ownership of land next to a watercourse and this includes ditches. We, the landowner are the riparian owners of it which means that Highways can control what happens to it but we can maintain it! 

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I’ve spoken to solicitor about this but heard nothing back from him or my prospective buyer, here are the trees in qu00DD6890-0341-4223-9F47-542AADB9E550.thumb.png.ec22a5e47cc500e936c91f53063e19ed.pngestion 

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Second one in looks unstable anyway .....

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