Two eucalyptus trees at 55 Carlton Hill are at the centre of a dispute over potential damage to a neighbouring property. Westminster Council's Planning Sub-Committee met on Tuesday 2 December 2025, to discuss whether to confirm Tree Preservation Order (TPO) 724, which would protect the trees. The council balances the preservation of mature trees with the potential impact on neighboring properties by assessing the amenity value of the trees, its visibility from nearby properties, and its impact on the character and appearance of the conservation area, weighing it against the evidence of damage to properties. The council also considers potential repair options and the costs associated with them.
The TPO was initially issued following a notification of intent to remove the trees, with the stated reason being to prevent their roots from affecting the soil beneath the foundation of 3 Ryders Terrace. Objections to the TPO were subsequently received from Millbank LLP and MWA Arboriculture, representing the owner of 3 Ryders Terrace.
According to the Tree Preservation Order No 724 - 55 Carlton Hill document, the objectors argued that the trees were directly implicated in root-induced clay shrinkage subsidence damage to 3 Ryders Terrace. They cited site investigations that found a plastic clay subsoil susceptible to volumetric change under the influence of vegetation, eucalyptus roots observed at a depth of 2.2m, and engineering opinion suggesting damage to 3 Ryders Terrace due to clay shrinkage subsidence.
The council's Arboricultural Officer responded that while the trees were within potential influencing distance, there was inadequate evidence of damage, cracking, or level monitoring results, and that an engineering appraisal report or evidence to support the estimated cost of repairs had not been submitted. The officer stated that a full suite of evidence, including monitoring, would be required to assess whether damage is attributed to seasonal movement trees.
An arboricultural report by Martin Dobson, submitted by the owner of 55 Carlton Hill, stated that in his opinion, the cause of crack damage at 3 Ryders Terrace had not been established and no compelling evidence had been offered which implicates trees as a cause of damage.
During the meeting, Councillor Elizabeth Hitchcock asked about the maturity of the trees. The Tree Officer responded that they were fairly mature and in good health. Councillor Hitchcock then asked if the Tree Officer could give a flavour and an indication of which one potentially is affecting the surrounding properties, most notably in Merlin Passage? The Tree Officer responded that they're both within influencing distance. So they could be affecting property, but we would need further information to be sure to demonstrate that they are affecting the property.
Councillor Md Shamsed Chowdhury raised concerns about photographs showing cracks in the bathroom and behind the kitchen units of 3 Ryders Terrace, describing them as quite significant and substantial. He asked if the timeframe from when these cracks may have occurred was known. The Tree Officer responded that they would have to check that, and that normally, you would expect level monitoring results, which would give a frame for seasonal movements.
Ultimately, the committee voted to confirm the TPO. Councillor Hitchcock, Councillor Robert Rigby, Councillor Patrick Lilley and Councillor Iman Less all voted to confirm the TPO. Councillor Chowdhury did not support the conservation, saying that he would like to see some cost can be effective.
If the TPO is confirmed, the owner of 3 Ryders Terrace would need to apply for permission to remove or conduct work on the trees. The Council's Arboricultural Officer stated that if the TPO were made, the expectation would be that the tree preservation or the application is made. And that might come with a structural engineer's report that would consider the cost and different repair options. It may be that the tree is removed after that or it might not be justified. But essentially, if the tree were removed once TPO were made, we could condition a replacement tree.