TPO tree/ council problems

[koi]

hello everyone, I'm looking for some advice about a tree works situation on a TPO'd tree. The situation is as follows:

 

Large willow (approx 10m high) in the corner of a back garden  with TPO 

Tree is approx 1m from boundary with neighbour and overhangs about 2m

Tree is approx 1m from a band of unregistered land at the rear of property. Unregistered land is a long established path used by approx 30 neighbouring properties that back on to it. 

Willow leans over the unregistered land at approx 45 degree angle. Soil is marshy, this probably caused it to lean over

Owner of TPO tree applied to pollard willow to 2m high, application was approved by council as good arbortorial practice

Owner pollarded tree only on one side removing the branches from over their property only.

Left all branches overhanging neighbour and unregistered land.

Neighbours have reported work as planning breech to council, not completed per description and questioned its safety 

Council response as follows:

regarding safety they state the tree is on private land would fall on unregistered land, so it is not there issue.

regarding the partial pollard of the tree they state some of the work is completed per the description so this is OK, no action needed.

 

Is the council response correct?

Can you apply for works on a tpo tree the only complete some of the work?

Regarding safety wouldn't the Miscellaneous previsions act apply and they would be obliged  to take action?

Is there anything they can do to prompt the council into taking some kind of action?

So far I've advised them not to spend any money on a tree condition report as the council are not being proactive.

 

thanks

 

  

 

 

 

 

[WesD]

You could always ask him if the works can be completed at your cost?

[Gary Prentice]

Council's response is correct, in that they haven't exceeded the works spec. 

 

Sure, you can apply to fell and then do something less instead.

 

the Miscellaneous Provisions are, IME, seldom used and the LA aren't duty bound to apply them. As the highway isn't threatened or council property it's unlikely they will be mindful to get involved. 

 

Another option, if the neighbour is concerned is a solicitors letter highlighting that as a result of the works there is concern that the tree has become unstable and he may be negligent in the event of failure. I'm not suggesting that will garner a positive outcome, but it is an option. 

 

As Wes said, the neighbour has common law rights to cut back encroaching branches ( which would be covered by the planning consent as long as it's within two yrs of the determination date)