[Help] Big Tree Dilemma

jonnyrovers · May 28, 2020

Dear NSC, I'd really appreciate some advice on this. I've searched for related threads but none seem to cover it...

My garden (west facing) backs on to a school playing field. At the boundary line, in the school field, there are 3 large trees. They were there when we moved in a few years ago but they've grown huge. They deprive me of sunshine from about 3pm onwards, and overhang in to my garden by approx 3 metres, dumping leaves & twigs galore every autumn.

Is it the school's responsibility to cut them back if I complain? If not and it's my responsibility, am I permitted to drop the trimmed branches in to the school field for them to dispose of?

I've got a ladder, saw, life insurance, and I'm happy to give it a go myself. Being a tight fisted northerner I'd really like to avoid parting with cash...

Any guidance much appreciated.

Is it PotG? · May 28, 2020

One of the first things I would do is explore is the possibility of any TPOs in force.

If there are, the nobody can do anything without permission from the authorities.

Oscar · May 28, 2020

Our house also backs onto a school and even though they have (thankfully) fenced the perimeter in recent years leaving the trees on the residents' side, the school still takes full responsibility for maintaining the trees. I'd start by having a friendly chat with the school caretaker.

happypig · May 28, 2020

First thing to do is speak to the neighbour and ask them to get them cut (even if there's a TPO the council should still let you cut/pollard them).

If they don't do anything then you are allowed to cut off anything that overhangs your garden and you should put the branches/fruit back onto thier land.

jonnyrovers · May 28, 2020

Is it PotG? said:
One of the first things I would do is explore is the possibility of any TPOs in force.

If there are, the nobody can do anything without permission from the authorities.

Thanks for this. Can I ask what a TPO is please?

dazzer6666 · May 28, 2020

jonnyrovers said:
Thanks for this. Can I ask what a TPO is please?

Tree Preservation Order - your local council website should have a map of them

Mid Sussex for example : https://www.midsussex.gov.uk/planning-building/trees-and-hedgerows/tree-preservation-order-tpo-map/

jonnyrovers · May 28, 2020

Oscar said:
Our house also backs onto a school and even though they have (thankfully) fenced the perimeter in recent years leaving the trees on the residents' side, the school still takes full responsibility for maintaining the trees. I'd start by having a friendly chat with the school caretaker.

Thanks for this. I sent the headteacher a friendly enquiry today but maybe an off the record chat with the caretaker over the fence would get me somewhere.

Westdene Seagull · May 28, 2020

School's responsibility as the trees are on their land. You are entitled to cut anything overhanging the boundary and legally you should actually put any cuttings back on their side.

Personally I'd just ask them to deal with it and if they don't then complain to the LEA / Council / Academy organisation etc

amexer · May 28, 2020

I would discuss situation with school rather then complain

Bold Seagull · May 28, 2020

jonnyrovers said:
Dear NSC, I'd really appreciate some advice on this. I've searched for related threads but none seem to cover it...

My garden (west facing) backs on to a school playing field. At the boundary line, in the school field, there are 3 large trees. They were there when we moved in a few years ago but they've grown huge. They deprive me of sunshine from about 3pm onwards, and overhang in to my garden by approx 3 metres, dumping leaves & twigs galore every autumn.

Is it the school's responsibility to cut them back if I complain? If not and it's my responsibility, am I permitted to drop the trimmed branches in to the school field for them to dispose of?

I've got a ladder, saw, life insurance, and I'm happy to give it a go myself. Being a tight fisted northerner I'd really like to avoid parting with cash...

Any guidance much appreciated.

First thing to do is not to complain, but simply write to the school in a friendly way outlining that the trees overhang your property, and that the height causes a lot of overshadowing. It may well be a budget item that comes out of the local authority budget (if an LA school) rather than the school's individual budget. I would labour the point about whether the trees are completely safe and you're worried about larger falling branches damaging property etc. You may get a result and the school see the benefits of getting this done as they probably have to deal with all the dropping twigs and leaves on their side too.

jonnyrovers · May 28, 2020

dazzer6666 said:
Tree Preservation Order - your local council website should have a map of them

Mid Sussex for example : https://www.midsussex.gov.uk/planning-building/trees-and-hedgerows/tree-preservation-order-tpo-map/

Thank you

Jack Straw · May 28, 2020

Do you know what trees they are? Are any of them Elms? If you live in Shoreham, I believe this is part of the Dutch Elm Disease Control Area. You will need to contact the local Council as they will be very protective towards them and even if you got permission from the school, they won't want them touched by unqualified contractors. Then there's the prunings problem. It is an offence to transport Elm wood, and you can't leave it hanging around unless you de-bark it all.
If they're not Elms, you obviously won't have this problem.

Weststander · May 28, 2020

TPO’s - don’t touch them, it’s a criminal offence, I know folk convicted for that.

If not, if you have no intention of friendly dialogue with the school, in law you can reduce branches overhanging your land ... but then you have to leave the timber with the school. An ancient aspect, I assume.

But the trees can end up looking awful if they’ve had unbalanced reducing on just one side.

Billy the Fish · May 28, 2020

Deffo talk to the school, it might be as simple as they haven't noticed how big they've got and just need it pointing out. Don't worry too much about TPOs (if any) I just had to get permission to cut back trees in my garden and the conservation officer was very reasonable.

*edit* it should be their responsibility, I just did it for my neighbours.

LamieRobertson · May 28, 2020

Where’s SB ..surely a five minute job

Fungus · May 28, 2020

dazzer6666 said:
Tree Preservation Order - your local council website should have a map of them

Mid Sussex for example : https://www.midsussex.gov.uk/planning-building/trees-and-hedgerows/tree-preservation-order-tpo-map/

We have a big tree with TPO, overhanging our fence and successfully applied to the council to "have the crown raised", ie. chop the lower branches to allow more light into the garden. No chance of reducing the height, though. We did pay a tree surgeon, as it was a big job, but if wasn't expensive.

In the process, we discovered it was actually our tree - the fence was inside the property boundary.

jonnyrovers · May 28, 2020

Jack Straw said:
Do you know what trees they are? Are any of them Elms? If you live in Shoreham, I believe this is part of the Dutch Elm Disease Control Area. You will need to contact the local Council as they will be very protective towards them and even if you got permission from the school, they won't want them touched by unqualified contractors. Then there's the prunings problem. It is an offence to transport Elm wood, and you can't leave it hanging around unless you de-bark it all.
If they're not Elms, you obviously won't have this problem.

Blimey I hadn't even considered that! I wouldn't know my elm from my elbow!

jonnyrovers · May 28, 2020

Thank you everyone for your kind advice.

I emailed the head teacher as advised and received an almost immediate and very friendly reply. She has asked the premises team to give me a call so that we can make a plan. Sounds positive. Really not sure why I was expecting a battle if I'm honest. You live 'n' learn!

Thanks again :cheers:

portslade seagull · May 28, 2020

Got a great big hulking weeping willow over hanging my garden blocks all the sun. To be fair the neighbour did cut it right back to trunk and branches a couple of years ago but its worse than ever now with regrowth

Jack Straw · May 28, 2020

portslade seagull said:
Got a great big hulking weeping willow over hanging my garden blocks all the sun. To be fair the neighbour did cut it right back to trunk and branches a couple of years ago but its worse than ever now with regrowth

The harder you prune, the more it grows.

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