TPO query for 4 achres of agricultural land help please

[Michaelbranch]

Hi all,

Not sure this is the right forum to be posting this query but perhaps someone could advise as to the best forum for this.

I own 4 acres of agricultural land surrounded by trees that have recently been placed under a Tree Preservation Order (TPO) by the council in Wales, which is generally strict about land management. I have a few days left to appeal the TPO and am unsure if it's wise to do so. My main concern is the low-hanging branches that encroach upon the land and obstruct a track where we park vehicles. I'm considering whether to appeal the TPO to get permission for pruning the low level branches mainly where we park up (up to 3.5 m height). What are the risks and benefits of appealing versus not appealing, and what would you advise in this situation? My instinct tells me that the council will just automatically refuse any request basing it on previous requests by adjacent land owners. I have recently purchased the land and keep it in good shape but not yet fully decided which crops to grow. So far half of the land will be for fruit trees. The land is surrounded by a variety of trees which mark the border between my plot and adjacent plots. I would ideally like to be able to create a track that runs along the perimeter of the land. Some trees have low lying branches that are about 5m long. Currently there is no immediate need to prune but I would like the right to prune some branches where we park and also for the track around the land especially when I start growing a crop. Thanks for your help.

 

[Exfarmer]

Hi all,

Not sure this is the right forum to be posting this query but perhaps someone could advise as to the best forum for this.

I own 4 acres of agricultural land surrounded by trees that have recently been placed under a Tree Preservation Order (TPO) by the council in Wales, which is generally strict about land management. I have a few days left to appeal the TPO and am unsure if it's wise to do so. My main concern is the low-hanging branches that encroach upon the land and obstruct a track where we park vehicles. I'm considering whether to appeal the TPO to get permission for pruning the low level branches mainly where we park up (up to 3.5 m height). What are the risks and benefits of appealing versus not appealing, and what would you advise in this situation? My instinct tells me that the council will just automatically refuse any request basing it on previous requests by adjacent land owners. I have recently purchased the land and keep it in good shape but not yet fully decided which crops to grow. So far half of the land will be for fruit trees. The land is surrounded by a variety of trees which mark the border between my plot and adjacent plots. I would ideally like to be able to create a track that runs along the perimeter of the land. Some trees have low lying branches that are about 5m long. Currently there is no immediate need to prune but I would like the right to prune some branches where we park and also for the track around the land especially when I start growing a crop. Thanks for your help.

Are vthey your trees or belong to others. As such you can still prune trees with a TPO but you must be careful not cause harm which could cause them to die.
What variety are they conifers and poplars are normally little difficulty to get TPO’s removed, except Black Poplar.
you normally have a right to trim branches over your land if they belong to others. Supposed to return the prunings but the owners rarely want them back

 

[Michaelbranch]

Hello Exfarmer.

The TPO stipulates all trees including Hawthorn and that pruning is also forbidden without prior permission. There are a variety of deciduous trees including oak, hazel, lime. The trees belong to us and the neighbour who has the adjacent plot. They mark the boundary between our plots.

Thank you

 

[bobk]

Hello Exfarmer.

The TPO stipulates all trees including Hawthorn and that pruning is also forbidden without prior permission. There are a variety of deciduous trees including oak, hazel, lime. The trees belong to us and the neighbour who has the adjacent plot. They mark the boundary between our plots.

Thank you

Wales mate .............

 

[steveR]

Wales mate .............

Aye, not the favoured country these days

OP is going to struggle, short of a good gale...

 

[bobk]

Aye, not the favoured country these days

OP is going to struggle, short of a good gale...

Yet they keep voting the tossers in .

 

[steveR]

Yet they keep voting the tossers in .

Not many fields or trees in the S Wales valley towns... The Welsh that live North of the Heads of the Valley road, should come on back to England

 

[Welderloon]

You own the trees & land, the council don't.
Health & Safety trumps a TPO.
Pruning & pollarding are allowed even if a TPO is present.
Tell the council don't ask them

 

[linga]

Why have they got a TPO?
Surely there would be no downside to appealing. They can only turn it down.
How frustrating the communication process will be probably depends on the Local Authority.
With ours the default answer is no and any request for information from them is kicked into the long grass.

 

[steveR]

Hi all,

Not sure this is the right forum to be posting this query but perhaps someone could advise as to the best forum for this.

I own 4 acres of agricultural land surrounded by trees that have recently been placed under a Tree Preservation Order (TPO) by the council in Wales, which is generally strict about land management. I have a few days left to appeal the TPO and am unsure if it's wise to do so. My main concern is the low-hanging branches that encroach upon the land and obstruct a track where we park vehicles. I'm considering whether to appeal the TPO to get permission for pruning the low level branches mainly where we park up (up to 3.5 m height). What are the risks and benefits of appealing versus not appealing, and what would you advise in this situation? My instinct tells me that the council will just automatically refuse any request basing it on previous requests by adjacent land owners. I have recently purchased the land and keep it in good shape but not yet fully decided which crops to grow. So far half of the land will be for fruit trees. The land is surrounded by a variety of trees which mark the border between my plot and adjacent plots. I would ideally like to be able to create a track that runs along the perimeter of the land. Some trees have low lying branches that are about 5m long. Currently there is no immediate need to prune but I would like the right to prune some branches where we park and also for the track around the land especially when I start growing a crop. Thanks for your help.

Has the TPO actually been enacted already? It seems strange to place a TPO on a tree/trees and then make an appeal possible.

Is it feasible to cary out the works now?

 

[essexpete]

I asked a local arb contractor, he is very experienced and is of the opinion that, with a TPO, it would be necessary to apply for permission to undertake any work.

 

[steveR]

I asked a local arb contractor, he is very experienced and is of the opinion that, with a TPO, it would be necessary to apply for permission to undertake any work.

Correct. The application will need a detailed arboreal report accompanying it too, so expense from the word go....

 

[Lazy Sod]

The boundary is just a line. Trees can't mark a boundary, they either belong to you or the the neighbouring landowner. Are they your trees, you haven't said.

 

[Michaelbranch]

Thank you all for the replies.

The original farm was sliced up and we bought 4 acres. There is a boundary line between plots and many are tree lined. So tbh I don't know who they belong to. They could be ours but they could also be communal.

The council doesn't like us and to prevent anyone from felling trees they have a blanket TPO served to the 15 of us who bought in. It was back dated to June but we can appeal until the 16th.

As we don't have the best relationship with the council my fear is that a standard "no" will be issued for any request unless they start seeing a meaningful ££££ sign.

As we don't have long to appeal I am not in a position to get professionals involved to prove my point re tree branches getting in the way of where we have allocated our main entrance etc.

I am actually for PTO's but in this instance it would be useful to at least be able to prune a few branches here and there.

The reason for asking about appealing the TPO is that I don't want to go to the trouble of arguing our case and appealing the TPO which all takes time and possibly money if the council have no intention of granting it. And it would also draw unnecessary attention to our plot if non of the other plot holders are going to appeal.

I think the council got lost somewhere along the line and forgot that they are here to serve us not act as dictators.

I think Welderloon has hit the nail on the head. Tell the council don't ask them. Thumbs up.
Thanks gain to you all for chipping in.