Storm felled Tree with TPO

[scottenduro]

Is a tree that blew down in recent storms in a TPO area still in need of an application for tree works before removal?

Some roots still in ground so not exempt for being dead. Still completely within owners garden.

[daltontrees]

If it is 'dead', and it's in England, no application is required. If it's in Scotland it's a whole lot more complicated.

[scottenduro]

Thanks... it is in Scotland.

I’ve emailed the TO, awaiting a reply. Does ‘complicated’ mean the owner should apply anyway if only to officially inform them that the tree is down?

[daltontrees]

No I just mean that different versions of the legislation over the years used different styles of TPO and it could depend on the date of the TPO as to what the rules are. But this much can be said. For a while the English legislation had a dead and dying exception, This has been replealed and there is not a 'dead' exception in England. No such exception has ever existed in Scotland. In fact, there is no clarity on dead trees in the legislation, and bizzarely the Guidance wrongly states that there is a dead, dangerous and dying exception in Conservation Areas. I have checked the legislation, and this is nonsense.

 

Clear? Not at all, that's the way the rules are up here, all over the place.

But fundamentally, TPOs only prohibit certain acts, and taking away a fallen tree isn't one of them unless it's alive.

 

All that is at stake here is whether the Council tries to force you to plant a replacement. The legal position is that it can't if the tree as fallen over and is fundamentally not viable. 

 

Allt his said it would be a good idea to let the Council know for their own records that the tree is down. Ths should be done without prejudice to the statutory position.

 

PM me if it gets messy and you need opinion.

[Adam M]

There is a dead exception in England (I hope!) 

 

14.—(1) Nothing in regulation 13 shall prevent—

 

(a)the cutting down, topping, lopping or uprooting of a tree—

 

(i)which is dead;

Edited September 28, 2018 by Adam M

[Adam M]

And drawn across to cons areas here:

 

Trees in conservation areas – exceptions

15.—(1) Section 211(1) (preservation of trees in conservation areas) shall not apply to—

(a)the cutting down, topping, lopping or uprooting of a tree—

(i)in the circumstances mentioned in regulation 14;

[Adam M]

Forgive me if I've misunderstood you! 

[scottenduro]

Cheers@daltontrees nothing was too clear, other than it was best to ask than risk it!

Tree Officer was aware it was down and has given the go ahead for it to be removed following discussions with the owner.

[daltontrees]

6 hours ago, Adam M said:

Forgive me if I've misunderstood you! 

No need, that was exactly what I meant. And/or what the OP meant.

 

For the sake of the OP I'm glad I qualified my original response. In Sotland we just have to humour England's assumption that the world revolves around it.

 

[Gary Prentice]

What do you mean 'assumption'?