Overhanging trees and satellite reception

[corned]

We have a problem with our satellite reception. Our property has a boundary with a public park. This park has many mature trees in close proximity to the boundary. Occasionally we have problems with the overhanging canopy affecting our own trees and bushes, but the council (which owns the park) have come out in the past to trim back the overhang.

We have recently made another submission to the council because our satellite reception has become badly affected by the height of the same group of trees. They have today refused to do anything about it. It is 'policy' not to trim trees if they are causing light and reception issues to someone.

In the past we have also re-positioned the dish higher up the wall and extended the coaxial cables to reach, but we are about as high as we can position the dish already.

The question for all you good and willing armchair lawyers is - what, if anything, can we do to persuade (or force) the council to act?

I dimly remember a thread on here some time ago discussing rights to light and/or deeds of covenants against statute, but I can't find it now. Also if I could find it, I'm not sure the same rules would apply because our problem is with a council and not a household neighbour.

Any advice would be appreciated.

 

[219]

I don't know about rights to light and reception , but if the trees present any sort of danger to the public due to branches falling off in high winds etc , I'd think the council would have to act .

 

[tiger]

Dont complain about them too much just cut the requuired branches off. I had years of battle with the council with no luck, then one night they all disapeared. If you know anyone that is good at climbing/absailing then get them in with a chainsaw. It doesnt take long either...

 

[219]

Just don't sit on the branch you are about to cut off

 

[flango]

We have a problem with our satellite reception. Our property has a boundary with a public park. This park has many mature trees in close proximity to the boundary. Occasionally we have problems with the overhanging canopy affecting our own trees and bushes, but the council (which owns the park) have come out in the past to trim back the overhang.

We have recently made another submission to the council because our satellite reception has become badly affected by the height of the same group of trees. They have today refused to do anything about it. It is 'policy' not to trim trees if they are causing light and reception issues to someone.

In the past we have also re-positioned the dish higher up the wall and extended the coaxial cables to reach, but we are about as high as we can position the dish already.

The question for all you good and willing armchair lawyers is - what, if anything, can we do to persuade (or force) the council to act?

I dimly remember a thread on here some time ago discussing rights to light and/or deeds of covenants against statute, but I can't find it now. Also if I could find it, I'm not sure the same rules would apply because our problem is with a council and not a household neighbour.

Any advice would be appreciated.

Just spoke to SWMBO on this one for you as she works for a local authority and this sort of issue falls to her within the scope of housing legal matters, not good news though I am afraid.

TV reception can be affected by trees but in English law there is no legal right to TV reception terrestial or satellite.

Loss of light again there is no absolute right to light or to a view, there is no specific law for how high (or wide) a tree may grow. You can apply to the council for enforcement action if you consider this to be a problem, and they will take a view, but the council are unlikely to take action against themselves! You could go via court for an injunction but again chances of success are very slim.

Best line of attack if you can go this route is that the council have a duty of care to ensure their trees do not pose an unacceptable risk to people on or adjacent to their land, therefore reasonable landscaping (maintenance) must be carried out regularly to ensure this, the council could be liable if proper maintenance has not been carried out.

So if the trees look a bit neglected then write to the council and also ask when the last maintenace was carried out, also asking for the worksheets from the job. This will more than likle provoke an instant response of the council sending someone out to check and maintain the trees, which may help your position, if you are there when they do this you could always have a word with the operative and get him to trim what you require

She also tells me all authorities work to a common policy and practice so guess yours would be the same

Hope that helps

 

[jasonyw]

There were sun spot solar flare recently affecting magnetic field, it went as high as 50% on the 17th July 2010 and again on the 23rd July.

SpaceWeather.com -- News and information about meteor showers, solar flares, auroras, and near-Earth asteroids

 

[219]

Just spoke to SWMBO on this one for you as she works for a local authority and this sort of issue falls to her within the scope of housing legal matters, not good news though I am afraid.

TV reception can be affected by trees but in English law there is no legal right to TV reception terrestial or satellite.

This could open up an interesting legal debate .

On one side you have the position as outlined by Ian's wife .

However , one could argue that while the council take that view , another branch of the government ( TV Licensing Authority / BBC ) , by taking your money in the form of the TV license fee , are effectively 'selling' you the right to receive their broadcasts .

I'm sure a couple of expensive Advocates could have a field day or three in court with that one

Simplest solution might just be for the OP to get cable TV if it is available where he lives ? Otherwise take the health and safety angle re the trees as suggested above .

 

[219]

Loss of light again there is no absolute right to light or to a view, there is no specific law for how high (or wide) a tree may grow. You can apply to the council for enforcement action if you consider this to be a problem, and they will take a view, but the council are unlikely to take action against themselves! You could go via court for an injunction but again chances of success are very slim.

Another tack is that many councils have taken action against householders who have cultivated Leylandii and similar trees in their gardens thus causing a nuisance to neighbours .

If you are able to discover that your own council has taken such action against private residents , you could use legal precedent to argue that they are equally bound to maintain trees on their own property so as not to cause a nuisance to THEIR neighbours !

 

[crockers]

This could open up an interesting legal debate .

On one side you have the position as outlined by Ian's wife .

However , one could argue that while the council take that view , another branch of the government ( TV Licensing Authority / BBC ) , by taking your money in the form of the TV license fee , are effectively 'selling' you the right to receive their broadcasts .

I'm sure a couple of expensive Advocates could have a field day or three in court with that one

Simplest solution might just be for the OP to get cable TV if it is available where he lives ? Otherwise take the health and safety angle re the trees as suggested above .

I think the BBC would say one can access their broadcasts via an aerial so not being able to get satellite isn't their problem.

Are the trees subject to any TPOs? If so then it will be even harder to get them trimmed.

I agree the council have a duty to ensure the trees are safe, but this usually involves removing rotten branches or tidying up overhangs so that the tree isn't unbalanced. Removing the tops rarely comes into this category.

But good luck..

 

[flango]

Another tack is that many councils have taken action against householders who have cultivated Leylandii and similar trees in their gardens thus causing a nuisance to neighbours .

If you are able to discover that your own council has taken such action against private residents , you could use legal precedent to argue that they are equally bound to maintain trees on their own property so as not to cause a nuisance to THEIR neighbours !

Funny how we think on similar lines, I had that conversation with her.

Leylandii are captured under the High Hedges and Conifers legislation which applies to evergreens or semi evergreens, the law differentiates quite clearly between evergreens (Inc semi evergreens) and Deciduous trees, therefore case law or precedent in one cannot be used as precedent in the other.

 

[219]

I think the BBC would say one can access their broadcasts via an aerial so not being able to get satellite isn't their problem.

The BBC do broadcast via satellite - 'Freesat' as opposed to 'Freesat from Sky' .

The TV Licensing authority ( to whom you pay the license fee ) grants you the right to receive any broadcasts originating , or uplinked from , the UK , by any means ( terrestrial , satellite , cable , internet ) - so this would apply to Sky TV etc but not , for example , German TV channels which are outwith the scope of the UK TV licensing authority ( you do not need a license if you are a German ex-pat with a dish pointing at a foreign satellite and only capable of receiving broadcasts originating outside the UK ) , but that is by the by .

 

[EDZ649]

My neighbour has just had his new Sat dish mounted on 20' pole bolted to the side of his chimney because of poor reception. can you not do something similar? Alternatively you could always opt for cable...

 

[Druk]

Trees are a common problem to getting a good signal when on a caravan site. Usually it's just the big trunks of tree that are a problem and by moving the dish a few feet left or right it can 'see' the satellite. Try extending your dish away from the wall to see through a foliage section.

 

[Londonscottish]

Surely you can figure out a way to move the dish without hacking big chunks of the trees off?

On my last house I had a 15 foot pole on my chimney so my TV, FM and DAB aerials cleared the roof of the larger house next door - otherwise the signal was badly affected.

If I were your neighbour I wouldn't be at all happy to see trees being cut down just for the sake of satellite TV!

 

[corned]

Some good advice coming folks - many thanks.

Regarding re-positioning the dish, we have limited options. We have moved the dish higher and higher up the wall, but we are fast running out of wall! This same thing happens every 3 or 4 years. Also, I do not believe that our chimney is sufficiently sturdy to accommodate a satellite dish. It already has the terrerstrial aerial and FM antenna bolted to it.

It had crossed my mind to reply to the council saying that, in view of their reluctance to help out, they might feel obliged to assist grease the wheels in a planning application for a bleeding great pole to be erected on which to house the dish.

Or reply to them to state that as they are refusing to lop the trees, they clearly wouldn't mind us doing it instead.

The trees, which are deciduous by the way, are structurally sound enough, but as they are in a 'dead' space which is not frequented by the public (except for the ones which don't like shopping for electrical goods, if you get my drift) even if they were unsafe there would be little enough case to make them safe. As they are sound, we have less than no chance on that score.

They have been out to us in the past, to cut back overhanging branches, but there is no leeway to top them off as this is not where the overhang is.

Probably our best bet is to get them back to take out the newly-overhanging branches and see if they are willing to try for the tops while they are here anyway. But I don't like having to rely on the possibility (or otherwise) of someone's good nature!

Finally, we are no great friends of Sky, so the cable route may be one we look into. However, we have a long driveway which I am very reluctant to see scarred by poorly (and cheaply) executed tarmac-ing. In this case, we would have to insist on a written confirmation that the tarmac will be of the same quality and finish as is already there, or our money back. Some hope, eh?

 

[corned]

Dont complain about them too much just cut the requuired branches off. I had years of battle with the council with no luck, then one night they all disapeared. If you know anyone that is good at climbing/absailing then get them in with a chainsaw. It doesnt take long either...

Now there's an idea.

 

[corned]

There were sun spot solar flare recently affecting magnetic field, it went as high as 50% on the 17th July 2010 and again on the 23rd July.

SpaceWeather.com -- News and information about meteor showers, solar flares, auroras, and near-Earth asteroids

What?

 

[crockers]

My neighbour has just had his new Sat dish mounted on 20' pole bolted to the side of his chimney because of poor reception. can you not do something similar? Alternatively you could always opt for cable...

We used to use a pole ........... wait for the wind to blow.....no signal..seems the slightest movement messes it up.