5 day notice

[simonm]

i have got some trees to dismantle that are as dead as a dodo, they have tpo's on them, How does the 5 day notice work?

 

I have never removed 1 under that before.

[oakum]

Photo them - email or write letter to TO/Planners informing them of your intention to fell should dot all the i's and cover you. TO may contact you with replanting requirements. If no reply just get on with it they will be in touch if they have any concerns. (this is assuming no bats, flying badgers or winged newts have taken up residence)

[Gary Prentice]

Include all the information found in the the normal tpo application form and you can't go wrong.

[daltontrees]

I'd go with all of that. There's 2 aspects to this.

 

The first is doing what you need to do under the Regulations. Make sure the trees are properly identified, with a sketch plan if need be. The notification HAS to be in writing. And at least 5 days before commencement of works. Make sure you state the obvious that the trees are dead and that you plan to remove them.

 

The second is being able to prove afterwards that the trees are dead. You don't need to prove it now, but you should have records to protect yourself later in case someone suggests that you were abusing the exemption. Dated photographs, witnesses, independent report, whatever you think is unambiguous proof.

[Gary Prentice]

Jules, I hate to be a pedant:biggrin: but since the 2012 regs they are now exceptions:001_tongue:

[daltontrees]

Jules, I hate to be a pedant:biggrin: but since the 2012 regs they are now exceptions:001_tongue:

 

Noted, thanks. I dunno how I'm going to remember this though, because in Scotland even after the new 2010 Regulations they are called 'exemptions'.

 

Nothing wrong with a bit of pedantry, just means you like to be right.

[kevinjohnsonmbe]

Wouldn't it be the case that the trees would have to be dangerous rather than just dead to qualify for a 5 day notice. They could be dead but not dangerous which would be a standard TPO app??

[Chris at eden]

Wouldn't it be the case that the trees would have to be dangerous rather than just dead to qualify for a 5 day notice. They could be dead but not dangerous which would be a standard TPO app??

 

No mate. If the tree is dead but not imminently dangerous then a five day notice is required. If it is imminently dangerous then it can be felled first with the notice submitted later. Either way no app required.

 

To be clear the term dangerous has gone and has now been replaced with 'an immediate risk of serious harm'. Just before someone picks me up on that.

[kevinjohnsonmbe]

No mate. If the tree is dead but not imminently dangerous then a five day notice is required. If it is imminently dangerous then it can be felled first with the notice submitted later. Either way no app required.

 

To be clear the term dangerous has gone and has now been replaced with 'an immediate risk of serious harm'. Just before someone picks me up on that.

 

Thanks Chris! Got it.

 

Would it be safe to assume that:

 

(a) if the whole dead tree is felled there may be a requirement to replace (according to conditions applied by the LA at the time of considering the 5 day exception.)

 

or

 

(b) if the tree were reduced to ameliorate the perceived risk of collapse rather than felled completely, then the requirement to replant may not apply since the original tree still exists?

[Paul Jenks]

Exceptions relating to section 211 notices | Planning Practice Guidance