I am interested in a house which is in a Conservation Area and which has a large tree in its front garden, the subject of a Tree Preservation Order. My Surveyor says it is too close to the house. Could I remove it and plant a smaller tree in its place?
You must not do anything to the tree until you have the necessary consent of the local authority. It is an offence to cut down, top, lop, uproot wilfully damage or wilfully destroy a tree without the planning authority’s permission.
There are strict procedures laid down and plenty of literature available. Please see the “Guide to Tree Preservation Procedures” issued by the Welsh Assembly Government and which is available online.
The owner remains responsible for the trees, their condition and any damage they may cause. However, the planning authority’s permission is required before carrying out work on them, unless they are dying, dead or dangerous.
If the tree is causing structural damage then the evidence of your surveyor may result in the planning authority agreeing to its removal with conditions as to the replanting of a suitable replacement.