Windblown TPO

[DanVC]

Hello everyone,

 

I'm looking for TPO replacement regs after wind-blow.  Had a big oak come down last weekend subject to a TPO.  Can't see anything in the 2012 regs which cover this as it didn't meet the s.198(6)a  classification.  Mynors states there seems to be no duty on the landowner to replace but does say the Blue Book (no longer in force) suggests otherwise.

 

Thoughts appreciated.

 

 

[Chris at eden]

2 hours ago, DanVC said:

Hello everyone,

 

I'm looking for TPO replacement regs after wind-blow.  Had a big oak come down last weekend subject to a TPO.  Can't see anything in the 2012 regs which cover this as it didn't meet the s.198(6)a  classification.  Mynors states there seems to be no duty on the landowner to replace but does say the Blue Book (no longer in force) suggests otherwise.

 

Thoughts appreciated.

 

 

If its within a woodland then you probably don't have to replace it (if its windblown), if outside of a woodland then you do.  Its in the online guidance (the blue book is no more).  If you are removing under exemption because it is dead or imminently dangerous then section 206 would apply and you will need to replace.  You may well think, well, its not dead its just uprooted but still connected and alive, and not an imminent danger.  In this case the TO may say, OK, in that case you need to apply to remove, at which point he can condition the replacement.  I suppose in theory, if its not dead and doesn't create an issue you could just leave it to become a phoenix veteran.