"John Towill" wrote:

Hello John

JT As I have written before I have a preservation order on
JT three very large lime trees. This means that while I cannot
JT carry out any work on them, or under their canopy, without
JT permission from the local council, I am still responsible
JT for them and any damage they may cause, rather one sided
JT I think.

It's a shame so many owners of TPO'd trees feel this way. Have a good
read of the TPO itself (council TO will assist) - it'll show why these
exist and that it's not really so onerous to do the essential
maintenance to keep them safe.

JT Now I also have a number of trees at the bottom rear of my
JT garden, mainly alder, most of which I intended slowly
JT removing and replacing with a variety, but also two oaks and
JT silver birch. Yesterday came a knock on the door. A very
JT pleasant young Scot showed me his authority from a firm of
JT tree surgeons working for the electricity suppliers. It seem
JT that under health and safety these fairly mature trees are
JT too close to electricity lines running along the bottom of
JT my garden. Now I have the choose, I can sign to say that I
JT refuse to let them touch them, in which case they will
JT obtain a court order, or I can give them permission to fell
JT them, which I did. In fact I am pleased to see the alders
JT going, as I would have removed them over the next few years
JT as their replacements grew, also it will open up our view

I used to do exactly this job for SWEB, and felling is rarely the
first option we gave. In nearly every case (except where landowner
requested, or when clearing for pylons which require a far greater
safety margin than LV or normal HV overheads) we merely removed
offending branches.

Maybe the policy's different where you are, but as the landowner you
still have a lot of say. The eleco will work very hard to avoid
getting a court order, and even then you may still have a chance to
prevent the work - I do know of at least two cases where the overheads
were removed following a stroppy owner not budging about tree work.
(Although in one of those cases, the supply fed only his property and
he was left without mains connection at all, but I guess he wanted to
use a generator if it meant getting his own way)

But this very much depends on the situation and the depth of your
pocket as wayleave challenges tend to drag on for a while.

JT considerably. Though I am a little sad to see the oaks and
JT silver birch go. I am also sad to think that in years to
JT come the trees I have planted will be felled for the same
JT reason. Though who knows maybe by then electricity above
JT ground cables will be a thing of the past. Just thought that

Ah, but undergrounds need to be kept clear too! (Normally by plonking
a road ontop)

I do sympathise, but planting under or nearby high voltage cables is
bound to cause complications. When you bought the property, your
lawyer should have made you aware of the wayleaves in effect?

--
Simon Avery, Dartmoor, UK Ý http://www.digdilem.org/