deviate from permission granted

[jose]

HI all

Sorry couldnt find a answer so thought id ask.

Customer has permission to fell a sycamore in a CA. they are now thinking of reducing it for the time been ( has already been done previously). 

My question is where do i stand in terms of the law? I can fell with council blessing but can i reduce it instead? may sound like a simple answer but the laws a bugger if you ask me! ive been bitten before when it seemed the answer was very obvious but apparently it wasnt!

Cheers

 

[Dan Maynard]

I think you've got 2 years to fell it anyway, so could claim you're doing it slowly....

 

More seriously, in a CA you don't exactly have permission to fell but rather you have notified the council that you intend to fell and they have decided not to put a TPO on the tree to stop you. I can't really see that they would want to put a TPO on to prevent you from reducing if they are happy for it to be felled, but I guess really a question to check with the TO. Best case would be an email, then you're covered.

 

[Gary Prentice]

On 26/11/2018 at 21:17, jose said:

HI all

Sorry couldnt find a answer so thought id ask.

Customer has permission to fell a sycamore in a CA. they are now thinking of reducing it for the time been ( has already been done previously). 

My question is where do i stand in terms of the law? I can fell with council blessing but can i reduce it instead? may sound like a simple answer but the laws a bugger if you ask me! ive been bitten before when it seemed the answer was very obvious but apparently it wasnt!

Cheers

 

It might help people's understanding if the legal context is considered a bit more. 

 

You are not felling with the councils blessing, in reality you/someone has told them of the intent to fell (remove) the tree. The authority have not opposed the intention to remove by protecting it with a TPO. 

 

Once six weeks have elapsed since notifying and before two years pass and in the absence of any TPO you can legally do anything to the tree as long as work doesn't exceed what was notified. So paint it pink and cut it in half if that's your thing. If you notified to remove it, it doesn't matter as long as the work is done within the time limits and less than that notified.

 

 

[jose]

Hi Guys

Thank you for the responses. 

It does make sense what you are saying. I will probably drop a email to the council and see what they say. Cant hurt to ask.

Many thanks

Jose