Tree felling
From Ken O
Tuesday, 26 June 2018
Can anyone advise on this?
A Neighbour of mine has just built an extension on the end of the house.
There is a tree not on their land, but on common land they don’t own
The tree is obscuring the view from the new extension.
A couple of weeks ago I noticed that a few small branches had been cut off the tree Last weekend a much larger branch has been cut off, it looks like it’s slowly slowly catch a monkey, progressive removal of branches until the whole tree has gone, hoping no one will notice.
I have tried contacting the council about this but as usual, there is no response from them.
With the tree being on common land does this reside within the realms of criminal damage?
The tree is clearly not on their land and was there long before the extension
In addition to all of the above there is a public right of way behind the houses which is also being interfered with by putting various obstacles on it. An opening from the property has conveniently been made during the construction of the extension.
From Chris Barnett
Tuesday, 26 June 2018
The obvious first step is to find out who owns the tree - even if it's 'common' land, it will still have an owner.
From Ken O
Tuesday, 26 June 2018
Thanks Chris
I presume that because its on common land we all own a bit of it?
Looks like the Neighbour just decided to cut his bit off.
Thing is how can this be stopped from going further? I think if you were seen lopping chunks out of a tree in a public park by the police, they might have something to say about it.
You surely can't just go attacking trees on land you don't own?
From Tim M
Tuesday, 26 June 2018
Do the branches spread over his property? He can trim these. Does he in fact own the land? Who does? Is there a TPO on it... More info please
From Graham Barker
Tuesday, 26 June 2018
Chris is right, you can't do much without first establishing who owns the land. Try the Land Registry, that's what they're for. It's possible your neighbour already has an arrangement with the landowner. As for contacting Calderdale by phone or via their hellish website, I agree that's often a waste of time. If it was that important I'd go to the Planning Department in person.
From Adrian Riley
Tuesday, 26 June 2018
Find out if the tree is subject to a Tree Preservation Order by googling this, adding the words Calderdale Maps. All TPO trees for Calderdale are shown on the map.
If the tree has no TPO or is not in a Conseration Area, as far as I know, the owner can not be prevented from doing any works, including felling. Only the owner can stop someone else if this is done without his/her agreement.
From Ken O
Wednesday, 27 June 2018
Don't know if I made myself clear!
The land is common land, a buffer between
the farmers field with a dry stone wall boundary and our properties.
It constitutes a right of way shown on ordnance survey map and is also being interfered with by the neighbour. A convenient opening was formed onto this while the extension was built, so in fact there was no access onto this land prior to construction, its an obvious attempt to land grab
There is a culvert runs under the land from a surface drain which goes underground where the tree is. The culvert is between the tree and house
The branches are not protruding onto the land owned by the Forrester, its merely to enhance the view from the new glass gin palace recently erected.
From Adrian Crowther
Wednesday, 27 June 2018
Define “common land”. All land, whether a registered village green, a field or a piece of “wasteland” should be registered at the Land Registry and, for £3 each, if registered you can download a copy of the title plan and register which will give details of the registered owner. If it unregistered, local enquiries may be needed.
If a tree has TPO on it, the Council’s planning dept should have that info. There may be a wat to check via the planning portal on the Council’s website.
The same with rights of way, etc. It may be that they have a right to use the path in their deeds but i believe any new opening onto it or modification to its route would need a legal deed of variation
From Ken O
Wednesday, 27 June 2018
The land is known as "sinks" shown on my deeds as such.
The whole block used to be owned and built by the Co-Op and sold in various bits.
The land in question is not registered I know this because when the council recently did some work on the culvert they assumed the land belonged to the properties and tried to make us liable for the work. No one in there right mind would want to register this land with the knowledge I hold about it.
All I am trying to do is to stop what appears to be progressive vandalism of part of the countryside
Remember trees are our friends the soak up CO2, act as wind breaks, support wildlife etc etc.
From Andy M
Wednesday, 27 June 2018
If the public right of way is being interfered with then this should be queried with Calderdale's much depleted right of way section. Not easy to find a contact so the general Highways one may have to do:
The land over which it runs may still be private.
Registered common land can be found on Magic.gov.uk access layer
From Tom D
Wednesday, 27 June 2018
Is there a wider issue here as well. Over the last 20 years, the trees in front of our house have grown so that they now obscure most of our sunlight. The land on which they sit is owned by a speculative developer, who has refused our request to prune the trees back a bit so we get more sunshine (we offered to pay all costs).
The valley is probably greener than it's been for hundreds of years. This is fabulous. But sometimes it feels reasonable to trim things back a tiny bit to improve our overall exposure to sunshine, views and general wellbeing.
Is this about laws, regulations and protections, or just being willing to give a little bit?
From Tim M
Wednesday, 27 June 2018
Have you tried talking to the neighbour? It may be that an amicable solution can be found. It sounds very much like the beginnings (or continuation) of a dispute...
If the land is unregistered, it will still have an owner,albeit perhaps untraceable. The neighbours actions don't sound like a chance to gain adverse possession.
I wonder what th e issue is with the gap in the wall - is this causing you problems too? Or is it just convenient access from the neighbours garden to the public right of way?
From Gwendoline Goddard
Wednesday, 27 June 2018
I think the Open Spaces Society might be able to help with this. Contact details are 01491 573535 and hq@oss.org.uk
From Andy M
Wednesday, 27 June 2018
I really don't think the OSS will be interested if it's not on registered Common Land!
From Ken O
Wednesday, 27 June 2018
I don't mind the pruning as such its just the way it has been done i.e. everyone out at work and small branches cut off and no one noticed that...
Next week I'll saw that big branch off...
No one noticed that and so on and so on until the tree as gone.....
I will reiterate, in case my English is not recognisable
The land is not registered it belongs to no one its public
I don't think its registered as common land as far as I can see
The tree belongs to the countryside you I or the birds that sit in it
This person has no right to come off his land onto public land and hack away at a tree whether its blocking his view not, it was there before the development and maybe he should have thought things through a bit better along with CMBC who let a building be erected so close to a large tree shows how incompetent planning are!
As for the dispute? No! and we have little to do with them
As for the breakout there is no need for access to this as it is accessible at each end of the building like it has been since 1873
This is just a chancer on a land grab mission just taking advantage of opportunities to exploit, just hope they know the consequences of a culvert failure next time it happens!
This sleepy little valley is run by overpaid underworked council employees and councillors. Lapdogs to even higher paid politicians
Time people woke up and saw what's really going on in the real world. Ripped off from pillar to post and no one checked for minor crimes or acts of vandalism The whole country is a failing state who ever runs it.
From Adrian Riley
Wednesday, 27 June 2018
If no TPO on the tree and it is not in a Conservation area then there is nothing you can do to prevent the felling. There is always the option of asking Calderdale to consider making an emergency TPO. But that would be unlikely if the tree has been ruined by inappropriate lopping. What species is it, did you say?
From Andy M
Wednesday, 27 June 2018
This sleepy little valley is run by underpaid, overworked council employees
There: fixed that for you.
From Graham Barker
Wednesday, 27 June 2018
Oops… I fear Ken might find himself a little pruned of sympathy after his last post…
From Ken O
Thursday, 28 June 2018
Re GB, No worries
As along as I didn't lose sympathy of CMBC employee who uses a shovel
Its the top dogs we've got to worry about. They just look in the hole while the rest dig
From Gwendoline Goddard
Thursday, 28 June 2018
Again I suggest using the Open Spaces Society. They exist to protect open land and to get it registered as commons. The land off Windsor Road in Hebden Bridge is an example of their successful work locally. Whether they can help with the tree is another matter but they will certainly have an informed opinion.
From Ceinwyn T
Sunday, 1 July 2018
So Ken, it seems you finally care about the environment? After your vendetta to remove me as a neighbour seemed to work, you’re now trying to vent your angst on two very nice neighbours. I can only back up my allegations of bullying and intimidation by these same neighbours who told me he had sent emails to all the other neighbours spreading rumours about me and trying to turn them against me. These neighbours are some of the most conservation minded people I know. They have turned an almost barren short lawned garden into a Wildlife haven with Organic veg plots.
You shot into my garden while I was in it. I then realised it must have been you who had shot a pigeon in my garden a week or so before. You hated me feeding the birds and called them vermin. There was a total of 4 Pigeons killed and 1 I took to Meltham Wildlife Rescue Centre. They confirmed it had been shot. It survived but is deaf and blind on the right. The Starling had its head blown off and I found it on my doorstep a few weeks before I moved out.
I had a policewoman calling every week to check I was OK and sometimes phoning me. She spoke to you about the illegal camera you’d set up trained on me while I was in my garden.
Thanks to all those who offered help and advice but this thread is now closed, for reasons which should be clear.