Jump to content
Sign in to follow this  

Storm felled Tree with TPO

Recommended Posts

Is a tree that blew down in recent storms in a TPO area still in need of an application for tree works before removal?IMG_6529.jpg

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

Share this post

Link to post
Share on other sites

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.

  • Like 3

Share this post

Link to post
Share on other sites

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 by Adam M

Share this post

Link to post
Share on other sites

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;

Share this post

Link to post
Share on other sites
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.


  • Like 2
  • Haha 2

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Featured Adverts


Arbtalk.co.uk is a hub for the arboriculture industry in the UK.  
If you're just starting out and you need business, equipment, tech or training support you're in the right place.  If you've done it, made it, got a van load of oily t-shirts and have decided to give something back by sharing your knowledge or wisdom,  then you're welcome too.
If you would like to contribute to making this industry more effective and safe then welcome.
Just like a living tree, it'll always be a work in progress.
Please have a look around, sign up, share and contribute the best you have.

See you inside.

The Arbtalk Team

Follow us

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.