Can I stop my neighbour building close to my tree?
You may be able to depending on the importance of the tree, the nature of the building proposed and distance between the proposed building and the tree in question.
If the building work proposed requires planning consent, all trees which could potentially be affected by the development (including those on adjoining property) should be assessed by an arboricultural consultant in accordance with British Standard BS5837:2012 Trees in relation to design, demolition and construction – Recommendations, and details of this assessment submitted with the planning application. The Local Planning Authority should consider how the proposed development will affect trees in accordance with the same document and, if the process works correctly, this should prevent unacceptable damage from occurring to your tree. If you are concerned, you should instruct an arboricultural consultant to assist and if necessary, make a formal objection to the planning application within the statutory timeframe.
If the work proposed does not require planning consent, it may be less easy for you to influence. If your tree is protected by a Tree Preservation Order (TPO) or is located within a conservation area, legislation relating to tree protection overrides that of permitted development rights, and developers will risk prosecution if protected trees are damaged. If you consider that your tree provides sufficient public amenity value to warrant protection by a TPO, you can make a formal request to the Local Planning Authority to place a TPO on your tree. An arboricultural consultant can advise you on these matters.
- British Standard BS5837:2012 Trees in relation to design, demolition and construction – Recommendations
- AA Tree Protections Brief Guide
- AA Registered Consultants
- More detailed information on TPOs: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO