Quote:
Originally Posted by treeseer  If council approved a plan that will destabilize the tree and create a high risk of it failing toward you, an appeal should be in order. |
The tree isn't protected therefore the entire matter is a civil one, the neighbour is entitled to a pool as much as Chris is entitled to a tree.
I doubt the tree will die or fall if appropriate techniques are used, this is a very common scenario here. If the tree is SE to the pool and does in fact come to the fence line it wont be the last time Chris hears from his neighbour either in my experience.
Chris, my advice as both an arborist and pool owner is make it your responsibility to care for the tree and keep it away from the fence line. According to law any parts of your tree going beyond the fence line are considered trespassing and the neighbour does have the right to remove them. The rebuttle to this is that during the course of pruning of trespassing parts he is not allowed to create a hazard or kill the tree.