Trees and TPO

[Nikk]

Hi everyone do all trees have TPO on them? What is the procedure for cutting a tree down?

For instance if my neighbours have a large tree and it over hanging on next door property I assume you ask the owner of the tree if they would mind if the over hang can be trimmed and the trimmed branch be offered back to the owner of the tree?

Do you have to involve the council

Cheers Nick

 

 

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[stihlmadasever]

No not all trees are subject to preservation orders.

If you have a tree that has branches overhanging a neighbours garden then you can remove the offending branches but you can only cut back to the boundrey line and legally you must give back the arisings(cut branches) to the owner of the tree as they are his/her property.

Trees can cause all sorts of problems between neighbours and id strongly recommend that people consult with each other so the tree benefits from professional pruning techniques.

If a tree is on council property then the council and or local tree officer must be consulted before any work commences.

There are usually council data bases online that you can check if a tree is under a presevation order.

A few other things too look out for are conservation areas and SSSI's.

SSSI is a site of specific scientific interest and again is protected.

[Gary Prentice]

No not all trees are subject to preservation orders.

If you have a tree that has branches overhanging a neighbours garden then you can remove the offending branches but you can only cut back to the boundrey line and legally you must Offergive back the arisings(cut branches) to the owner of the tree as they are his/her property.Unless the tree is in a Conservation Area or subject to a TPO, then permission or agreement of the LA must be sought

Trees can cause all sorts of problems between neighbours and id strongly recommend that people consult with each other so the tree benefits from professional pruning techniques.

If a tree is on council property then the council and or local tree officer must be consulted before any work commences.

 

But if a council tree is overhanging your property, the common law rights of encroachment are still applicable - the council/highways authority are, after all, just another landowner

There are usually council data bases online that you can check if a tree is under a preservation order.

A few other things too look out for are conservation areas and SSSI's.

SSSI is a site of specific scientific interest and again is protected.

 

Everything, normally regarded as a tree (be careful, this isn't always as clear cut as you imagine) in a CA, over 75mm diameter at breast height (DBH), is protected and requires the agreement of the LPA before carrying out the works.

 

Again, it's a bit different from a TPO in that it's a slightly different procedure.

[stihlmadasever]

Thanks gary,great point to highlight.

[Gary Prentice]

It's hard to explain all the ins and outs of the TCPA, applicable to trees, to someone with no experience of their use. I wasn't trying to be pedantic, but the little points, if unknown, can land you in an interview under caution.

 

There's a lot to learn when anyone starts out, but most council websites provide a reasonable amount of information to start and links for more information elsewhere - worth the effort and at least you know its more likely to be accurate - not meaning yours wasn't stihlmadsaver:thumbup1:

[stihlmadasever]

It's hard to explain all the ins and outs of the TCPA, applicable to trees, to someone with no experience of their use. I wasn't trying to be pedantic, but the little points, if unknown, can land you in an interview under caution.

 

There's a lot to learn when anyone starts out, but most council websites provide a reasonable amount of information to start and links for more information elsewhere - worth the effort and at least you know its more likely to be accurate - not meaning yours wasn't stihlmadsaver:thumbup1:

 

I still struggle sometimes with the legalities

regarding tree's.

I can only imagine how it could be a nightmare to navigate if i were a novice.

[skyhuck]

Everything, normally regarded as a tree (be careful, this isn't always as clear cut as you imagine) in a CA, over 75mm diameter at breast height (DBH), is protected and requires the agreement of the LPA before carrying out the works.

 

Again, it's a bit different from a TPO in that it's a slightly different procedure.

 

You do not require their "agreement" they need to be notified, after 6 weeks you can crack on.

[Gary Prentice]

You do not require their "agreement" they need to be notified, after 6 weeks you can crack on.

 

I knew someone would be pedantic and pull me on that! But, I was trying to provide a simple reply for someone, who after talking to at length, has little existing knowledge of the statutory protection pertaining to trees!

 

After 6 weeks you can crack on 'IF' they agree! If they don't AGREE they oppose it and serve a TPO.

 

If they serve a TPO, any interested parties may submit objections or representations with a specified timescale, which may be no less than 28 days - most LA's IME give no longer than the minimum 28 days specified in the T&CPA.

 

The LA, upon submission of a Section 211 Notification - named after the section in the T&CPA (Trees -regulations) which deals with notifying the LA of the intention of carrying out works to trees, may:

 

1) serve a TPO

2) tell the notifier that they do not oppose the works

3) do nothing

 

If they do nothing, after six weeks the work may be undertaken -but must be completed within 2 yrs & must not exceed the works notified to the LPA.

 

A TPO may be served after the six week notification period, but if, after six weeks and before the TPO is made, the work is done, the defence is that the authority were notified and that there was no protection in place at the time the work was done.

 

 

So, to make things simple, for the benefit of the OP - just take it that the LPA have to agree, accept, not oppose, whatever....

[Nikk]

My my as a total novice it not plain sailing , thanks for the input some more reading is needed I will look on the web for what to read cheers

 

 

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[Gary Prentice]

My my as a total novice it not plain sailing , thanks for the input some more reading is needed I will look on the web for what to read cheers

 

 

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Don't worry, I submit on average probably two applications or S211's a week and there are still plenty of times the legality of an action is difficult to determine.

 

We had a client who got served a TPO after submitting a 211, the LA didn't confirm within six months and then informed the owner that it was still protected by the CA.

 

The legal department told the TO that it was still protected by the CA.

 

We felled it, the enforcement officer turned up with the planning officer, asking for our consent to fell being in a CA.

 

A 211 notice had been served - intention to fell, countered by the TPO.

TPO NOT confirmed within six months, so our defence is that the LA was informed of the intent, the TPO wasn't confirmed IE no protection and two years from the date of the 211 notice had not elapsed - but six weeks notice had expired.

 

We had a copy of the act on site, with the pertinent sections highlighted but the poor enforcement officer still couldn't understand why we didn't have a letter from the council telling us it was okay! The enforcement officer is a nice fellow and had to phone me up, I was in hospital, so I could explain the legislation to him. Felt really embarrassed for him, in that he hadn't received sufficient training to come on site and be confident that he was correct.

 

Don't worry yourself about it, there's plenty of people in the industry who never need to get too involved in it all, just learn the bare bones of the differences between TPOs and CA's and if in doubt ask.