Tree Removal - Restrictive Covenant (Persimmon)

[DART-91]

Hello,

I am looking for some advice regarding the removal of a tree in our front garden in order to extend our driveway. This is on a Persimmon house built in 2015.

I initially enquired to the council regarding the removal of the tree as there is a TPO for the area of the whole estate (not individual trees). The council arboricultural officer confirmed that this TPO only applies to existing trees in the area at the time that it was issued. As the TPO was issued in 2004 before the estate was built in 2015 this new tree would not be protected.

However, we have since noticed that there is also a restrictive covenant in our deeds as follows:

'Not to cut down, damage or remove any existing tree or hedge on the property or any other plant planted pursuant to the requirements of the public authority'

I have emailed Persimmon customer service to enquire what can be done about this covenant. Their response was that I need to contact my local authority to request permission (which I have already done as above).

I am not sure on my next step, as I feel I am going round in circles - would I be ok to proceed with removing the tree?

I am mainly concerned that we are looking to sell the house in a few years and worried it may affect the sale further down the line?



Thanks.

[des8]

So it seems to me that the restrictive covenant only applies to existing trees trees or other plants required by the public authority.
So you need to ascertain not which trees are covered by TPOs, but was "your" tree planted as a requirement by the planning authority.
You will need to look at the original planning permissions.

Or write to LA and ask for written confirmation that they have no objection to you removing this particular tree .