Advice on Tree Job

[Alex O]

Is there a church near by? If so could be in a conservation area.

[Jwoodgardenmaintenance]

7 minutes ago, Alex O said:

Is there a church near by? If so could be in a conservation area.

I have been onto the TO today and there isn't any TPO's  anywhere in the area and yes it is the old Sunday school checked about it being a conservation area aswell and it's all clear so basically have gave me the go ahead to get it done. 

Jack 

[Alex O]

I have been onto the TO today and there isn't any TPO's  anywhere in the area and yes it is the old Sunday school checked about it being a conservation area aswell and it's all clear so basically have gave me the go ahead to get it done. 
Jack 

Nice, hope it all goes well for you.

[Mark Bolam]

Same here.

 

Pics please!

[billpierce]

Interesting article.
 
What is a 'land charges section'?
And what is the 'protected area' he was felling the trees in?
 
Not saying he wasn't a total bell end, you don't take a saw to that many mature trees without doing a bit of legwork.
I wonder if he should have had a felling licence?
 
Pre-internet I rang a TO and asked if a tree at a certain property had a TPO on it.
He said he'd get back to me that afternoon.
He called and said 'It does now!'
 
Sneaky twat. Client wasn't best pleased.
If the tree was worthy of a TPO it should have had one on it already.
 
The councils response to that Rushmoor case is disgraceful - 'we don't have to put TPO's on our website.'
What's the point of having a website then you lazy twats?
 

Does the 5 cube year/quarter thing apply to domestic sites? I knew about it in terms of forestry but not really aware of its use on domestic arb jobs? Surely theyd be getting plenty of applications for this?

[Gary Prentice]

34 minutes ago, billpierce said:

1 hour ago, Mark Bolam said:

Interesting article.
 
What is a 'land charges section'?
And what is the 'protected area' he was felling the trees in?
 
Not saying he wasn't a total bell end, you don't take a saw to that many mature trees without doing a bit of legwork.
I wonder if he should have had a felling licence?
 
Pre-internet I rang a TO and asked if a tree at a certain property had a TPO on it.
He said he'd get back to me that afternoon.
He called and said 'It does now!'
 
Sneaky twat. Client wasn't best pleased.
If the tree was worthy of a TPO it should have had one on it already.
 
The councils response to that Rushmoor case is disgraceful - 'we don't have to put TPO's on our website.'
What's the point of having a website then you lazy twats?
 

Read more  

Does the 5 cube year/quarter thing apply to domestic sites? I knew about it in terms of forestry but not really aware of its use on domestic arb jobs? Surely theyd be getting plenty of applications for this?

Define domestic sites?  

 

The exemptions from the requirement to get a felling licence are; residential garden, churchyard and public open space (whatever that legally actually is).

 

But, when is a garden not a garden? 

I had a client who bought a hotel to convert back to a residential dwelling for himself. I wouldn't entertain any tree felling works until the local rates department had he property classed/rated as a residence because I thought that potentially as the original classification was commercial there couldn't be an exemption to a felling licence.  We felled well above 5 cube with no contact from the LA.  

 

Ultimately if there is any doubt about whether a site is a garden the final say is probably the woodlands officer, he'll be the one originating any prosecution if he/she thinks it isn't a garden.

[Gary Prentice]

1 hour ago, Mark Bolam said:

Interesting article.

 

What is a 'land charges section'?

And what is the 'protected area' he was felling the trees in?

 

Not saying he wasn't a total bell end, you don't take a saw to that many mature trees without doing a bit of legwork.

I wonder if he should have had a felling licence?

 

Pre-internet I rang a TO and asked if a tree at a certain property had a TPO on it.

He said he'd get back to me that afternoon.

He called and said 'It does now!'

 

Sneaky twat. Client wasn't best pleased.

If the tree was worthy of a TPO it should have had one on it already.

 

The councils response to that Rushmoor case is disgraceful - 'we don't have to put TPO's on our website.'

What's the point of having a website then you lazy twats?

 

1 hour ago, Mark Bolam said:

 

The land charges section is where records to do with land are recorded by the LA. 

 

Putting TPOs on after a search isn't that uncommon in certain LAs, not thatt I've ever had that happen to me. I never answer any questions as to what the owners intentions are, they shouldn't be any concern of the TO -it's either protected or it isn't.

 

RE Rushmoor. 

I'd take the LAs reported response with a pinch of salt. The TPO was shown online, what wasn't was that it had actually been confirmed. To be fair IME very view councils make all of the TPO details available usually anyway. The defendent is trying to say that although the TPO was shown, the confirmation wasn't so they assumed that there wasn't an order (it hadn't been confirmed). That's a poor defence. the LA has to make the details available at all reasonable hours etc etc and a simple phone call might have clarified that the order on the website was legally confirmed.

[openspaceman]

22 hours ago, Gary Prentice said:

Define domestic sites?  

Our local FC officer used the term "within the curtilage of a dwelling" and would say that was that land maintained for the enjoyment of the said dwelling, so would include managed bits like lawns, flower beds, vegetable plots but not necessarily tree s not formally managed.

22 hours ago, Gary Prentice said:

 

The exemptions from the requirement to get a felling licence are; residential garden, churchyard and public open space (whatever that legally actually is).

The act only says gardens and is open to a bit of interpretation, local landscape gardens have used this exception as have places like RHS where no domestic dwelling is involved.

 

The public open space bit is restricted to those that fall under the 1899 open spaces act so not necessarily commons that became open spaces in the later 1925 law of property act.

22 hours ago, Gary Prentice said:

 

 

 

Ultimately if there is any doubt about whether a site is a garden the final say is probably the woodlands officer, he'll be the one originating any prosecution if he/she thinks it isn't a garden.

Yes but only if he is allowed the expense of a legal battle.

[dumper]

£8000 fine divide by 27 = £300 per tree I know a lot of developers who would pay that to remove trees from sites.the fine isn’t even small change, replanting would happen anyway with the associated landscape works I think £8000 per tree should be closer to the mark