150-year-old oak tree at centre of pruning conflict

1:39pm Wednesday 10th March 2010

By Kevin Bradford

A FEUD has broken out between two neighbours over a listed tree which environmental officers wrongly said was clear to be cut down.

The 150-year-old oak, in Hendon Lane, Hendon is subject to a Tree Preservation Order (TPO) which prevents the cutting down, lopping, uprooting, wilful damage or destruction of a protected tree without the planning authority’s permission.

But when Graham Burlem, whose property backs onto the tree, wrote to officers in Barnet Council's planning department requesting to carry out works on it, they replied stating there was no TPO in place.

Mr Burlem, of Rawlins Close, brought in tree surgeons but they were later ordered by enforcement officers to stop the lopping of branches after the owner of the tree, David Cartmell, complained the work was being carried out illegally.

An application has now been handed to the council by Mr Burlem, requesting permission to carry out further pruning of the oak to clear the side and roof of his garage.

The request states: “I wish to trim branches and deadwood overhanging my garage back three feet.

“This is because the branches of the tree at present severely restrict light and pose danger to [the] roof of garage.”

But Mr Cartmell said it should be the responsibility of the authority to ensure protected trees are not subjected to unnecessary pruning.

“I feel we have all got a duty to protect listed trees,” said 67-year-old Mr Cartmell, who has lived in the property for almost 35 years.

“There aren't many of these trees left and it is the only one in this neighbourhood. You can't replace them so we have to try to preserve them for everyone including future generations.

“It is a big tree but you never really hear about oak trees being a problem with cutting out light. If they can't protect a 150-year-old tree, then what is the point of having an order on it.”

The council said work was initially permitted on the site because boundary changes had meant it was not clear that the tree was subject to a TPO.

Council staff said work was halted and confirmed a formal application had been made to begin pruning the tree. It is now under consideration and likely to be decided on by early April.