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Trees and the Law
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Old 10-08-12   #1 (permalink)
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procedure of five day notice

Does anyone know the procedure of giving a five day notice on a potentially dangerous protected tree?
Does it have to be in writing or will a phone call do?
Matt
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Old 10-08-12   #2 (permalink)
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Re: procedure of five day notice

I generally send an email with photos and get a reply within the day. I was told by the TO that I didn't have to wait for the reply but must be 100% confident that he would allow it through the 5 day exemption.
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Old 10-08-12   #3 (permalink)
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Re: procedure of five day notice

Quote:
Originally Posted by Kev Stephenson View Post
I generally send an email with photos and get a reply within the day. I was told by the TO that I didn't have to wait for the reply but must be 100% confident that he would allow it through the 5 day exemption.
That sounds sensible, thank you.
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Old 21-08-12   #4 (permalink)
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Re: procedure of five day notice

The new 2012regs cover it .But you are the expert. Your client is relying on you ,and the LA has to prove you wrong,despite case law previous to the charter of human rights.If we are scared of doing whats right and legal(look in the tpo bluebook from the planning portal)the we deserve a good kicking from the tree officers
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Old 21-08-12   #5 (permalink)
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Re: procedure of five day notice

Yeah make sure your 100% it deserves the 5day notice an make sure to take photos for records. It wouldnt harm contacting the L.A as they then can check for themselves and agree with your decision(covering your ass)

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Old 22-08-12   #6 (permalink)
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Re: procedure of five day notice

If a tree is judged to be that dangerous that it requires a 5 day notice when I see it.I always ring the council tell them what I see and tell them it's comming down ASAP.That usually means that afternoon or the following day. I work on the principle of if it's not going to be safe in 5 days it ain't safe today. We are supposed to be the experts and must look after the clients interests. Once you have id the iminent danger,told the client,got the job,told the council etc, who's liable. The council might say "but that is not the system" but I bet they would also soon turn around and say,"well the regs are there for you to deal with dangerous trees, so don't start blaming us that it collapsed last night while you were waiting for us to get back to you."

Always make sure you are spot on with your decision to fell and always get before and after pics.
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Old 22-08-12   #7 (permalink)
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I was refused a 5 day notice a few years ago on a 50ft knackered twin stemmed horse chestnut on the A40. The following weekend it failed across the road narrowly missing a poor lady sat in her car at the traffic lights (one stem to the front of her car and one to the rear blocking her in)
After that I never got questioned again by the LA tree officer when I applied for 5 day noticed... I think they may have had a rollocking for that one.
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