“Failings in planning system lead to tree disputes”

FAILINGS in the planning system are responsible for a neighbour dispute over trees at Culcheth.
This is the view of Glazebury landowner Dr Robert Eden – himself a victim of trespass and damage following the granting by Warrington Borough Council of permission to carry out tree surgery to trees protected by a Tree Preservation Order (TPO).
In recent months there have claims by Frank Waring and two other residents of Culcheth Hall Drive that the council had granted permission for a neighbour to carry out work on protected trees in their gardens without telling them.
Mr Waring pointed out that he had not given permission for the work to be done, nor had he and his neighbours given permission for anyone to enter their gardens.
Dr Eden, of Fowley Common Lane, Glazebury, said it was grossly unfair that Mr Waring was being harassed through failings in the planning application process.
“The council should amend their process to make it mandatory for an applicant to gain written permission from the owner of protected trees before the application is even  processed
“Unlike a planning application for building works, tree works can be implemented in a matter of minutes, fait accompli and  without sanctions from a higher authority.
“Out  of the blue the owner is saddled with the responsibility to protect against trespass and damage.  I regard this as insensitive and gratuitous buck passing.”
Dr Eden said he obtained a TPO last year to provide protection for trees on his own land after five trees on  the boundary of his land and one within the boundary, were felled. Another healthy tree well within the boundary was “badly mutilated” and another so severely root pruned that it fell over.
“We are good custodians of the land, maintaining woodland pasture and wildlife refuge areas, and feel assailed by the constant threat of trespass and criminal damage to our trees – a threat now ostensibly supported by the council.”
He believed the council’s policy had led to a situation where he and a neighbour could be in dispute even though they had never met.
The council says even when consent is given for work on a protected tree, such consent does not override the legal rights of landowners. If any works take place on private land, the third party would need to get the landowner’s permission and anyone seeking consent from the council is made aware of this.
Mr Waring added: “If an applicant was told at the outset that he required the owner’s permission, even  if the council granted consent for work on a protected tree, an awful lot of time and money could be saved for everyone – including the council.”