Felling a TPO tree

[White Noise]

Hi guys sorry I know this has been covered before but I cant find the related thread . Anyway Ive been asked to look at a tree which is in a dangerous condition and needs removing as ASAP . This tree has a TPO . As this job is way out of my normal work area and I dont know the local Tree Officer would I be right in thinking that I could send a headed letter with the intention to fell said tree within 5 days ? .If this tree was local I would of just had an informal on site meeting with the TO and taken it from there . Thanks

[Ian C]

Just stick a 5 day notice in and go from there.

[skyhuck]

Take lots of pic's and keep some of the defective timber, as you can still be prosecuted after the event.

[Tim Williams]

5 day notification is fine but as pointed out take as many photo's etc and any evidence you can

[White Noise]

Cheers guys . 5 day notice and lots of photos it is . I,m happy to removed the tree as its in a dangerous condition . Leaving some of the rotten timber on site . So all the do gooders can see the extent of the decay . Thanks All

[Gareth Dalzell]

Always worth sending these ones in Recorded delivery - I know it doesn't prove what's in the letter but it does at least give a paper trail.

[janey]

A 5 day DDD notification to the LA is only a suggested curtesy - it is not a legal obligation.

 

However, if you choose to go ahead with the tree work without notifying the LA, then it will be down to you and the tree owner to prove that the tree was indeed DD or D if there are any queries in the future. Photos, photos and more photos .

[janey]

From the AA 'site:

 

Exemptions

 

Exemptions allow certain works to a tree to be carried out without notice or application to either the Local Authority or the Forestry Commission. These may be based upon size or condition. Works to a tree that is dead, dying or dangerous are exempt from the requirement to apply or notify the relevant authority, although it is recognised as good practice to inform the authority. Where a protected tree is imminently dangerous, the minimum work necessary to abate the danger may be undertaken without reference to the relevant authority, any further work requiring an application or notification as appropriate. A protected fruit tree may be pruned without consent where the pruning is undertaken for the benefit of fruit production and is in accordance with good horticultural practice.

 

Felling under an exemption normally requires the planting of a replacement tree of the same type and in the same place unless the relevant authority formally waives this requirement.

 

Any person undertaking work to a protected tree under an exemption should carefully ensure that the exemption applies: if challenged by the relevant authority the evidential burden is upon the tree worker to demonstrate why the exemption applies. This could be done, for example, by providing evidence of the size and/or condition of the tree in the form of photographs, an expert’s report, or other documentation. If an exemption does not apply it is the tree worker’s responsibility to show that the necessary consents have been obtained: failure to be able to do so could lead to criminal prosecution. In some circumstances authorities will prosecute others (as well as the tree worker) such as the tree worker’s employer, agent or the land owner.

[White Noise]

Always worth sending these ones in Recorded delivery - I know it doesn't prove what's in the letter but it does at least give a paper trail.

 

Cheers Gareth good idea .

 

 

Janey thanks for that info .

[Treewarrior]

Where is it Paul?