A WOMAN has been left terrified that a huge 72ft tree in her garden will crush her house – but the council won’t let her chop it.
Celia Senior, 57, fears that if it’s left untreated the giant lime tree is at risk of falling on top of her three-bedroom detached property.
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But the primary school teacher has been refused permission to axe the out of control vegetation despite it growing in her garden.
Celia and husband Mark, 58, moved into the house in Brompton Walk, County Durham, in 2007, after paying £195,000 for the property.
She says the tree, which is on the couple’s land, was approximately 30ft tall but it has grown more than 2ft each year.
But the goliath tree has now grown to more than twice the size of their home and Celia says it is making their lives a misery.
She applied to Darlington Borough Council for permission to have it trimmed to around 35ft and even offered to pay £3,000 to have the work done professionally.
But town hall chiefs refused, saying it was protected by a tree preservation order and any pruning would ruin its appearance.
Celia said: “When we moved into the house we knew about the tree preservation order and liked the tree but it’s just too big now. It simply won’t stop growing.
“I really don’t want the tree cut down, I just want to manage it so it is safe.
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“Our gutters are constantly blocked by moss and leaves and our TV and phone signal is badly affected by it.
“During the winter storms I was really worried because I could hear the wind rocking the tree.
“If the tree falls over then it will crush our house and the neighbour’s home too.
“The paving slabs on the other side of the tree have started to be raised which is dangerous for people walking by and I worry about someone getting hurt.”
Last December Celia commissioned an independent arborist to write a report about what should be done about the tree.
The report suggested it underwent a “significant crown reduction and reshape” in order to reduce the risk of the tree being uprooted in high winds.
The report stated: “Common Lime are fast growing trees that will reach a significant height.
“Without suitable management this tree will continue to increase in size, both vertically and laterally.
“Due to its size, more significant structural failure must not be dismissed, and a suitable arboricultural management program is required to reduce this health and safety risk and maintain and ensure the health of the tree.”
Celia said: “Initially we were concerned it might fall onto the house because of the way it is leaning but the arborist said that wasn’t the case but he thought it does need to be managed.
“The arborist recommended that the tree was cut back to around 35ft which would cost around £3,000 and I would be willing to pay that myself.”
In January this year the council rejected her application, saying the tree was protected and any pruning would have a “detrimental impact” to its appearance.
Celia lodged an appeal with the Planning Inspectorate in a bid to overturn the ruling, but is still waiting for a response.
She added: “I really don’t think the council is being logical. I can’t understand their objection because it will look a lot nicer in the neighbourhood.
“The council wrote to the neighbours and no-one had any objections to the tree being pruned.”
A spokesperson for Darlington Borough Council said: “We can confirm permission was refused for the tree works and we understand the house owner has appealed to the Planning Inspectorate.
“It would not be appropriate to comment while we, like the householder, await the outcome of the appeal.”
A refusal notice issued by the council stated the tree was in a “reasonable form and condition”.
It said: “Without any satisfactory justification, the proposed crown lift and associated pruning would result in a loss of natural form to a protected tree in acceptable condition with no safety concerns.”
What are your rights if a neighbour’s tree is overgrown?
- Unless you are in a conservation area or the tree is protected under a Tree Preservation Order, you have the right to cut back any overhanging branches that come onto your property.
- But you can only really trim up to the boundary of what’s yours.
- If you go beyond your property boundary, you could find yourself in trouble.
- Check boundaries by taking a look at the deeds to the property
- There is no such a thing as having a right to a view but there is a right to light.
- The HomeOwners Alliance said that if the tree is blocking light to a window on your property, then you might be able to acquire a Right to Light under Planning law.
