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Can someone clarify the 5day notice of removal - does this mean you have to wait for an answer from council or can just go ahead as we have informed them of it 

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According to the guidance 'notice in writing', ie email (ideally with a response/ acknowledgement to confirm receipt) AND 5 'working days', ie not weekends, then on Day 6 you can proceed. If you don't have a reply/acknowledgement  I would call the TO to check. (Interestingly just reading the guidance on the '5-day notice' and it appears only to be detailed under the section relating to Dead Tree and Branches, albeit clarifying the latter does not require prior notice.)



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3 hours ago, john meehan said:

I’m fairly sure you give your notice and then after the fifth day has gone if the you have had no response from the LA you are good to go.

I tend to have a copy of a 'work to trees' app to hand when composing a '5 day notice',  to makes sure that all the pertinent information is included. (cos I can be daft enough to leave something stupid out) 


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All of the above, plus, you have called it a “5 day notice of removal.”


The ‘exception’ (to normal application process) applies only to that which might constitute an immediate hazard. That could be less than a whole tree removal eg a hanging branch might be suitable for 5 day exception but whole tree would be normal 8 weeks.


Also, if deemed of such a hazard that waiting 5 days is not appropriate, you could do the (immediately necessary) work without any delay. The onus of proof that it was so dangerous as to warrant immediate action would be for you to prove though.  


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This got me thinking so I had to check, the way I read it dead only needs 5 days notice. Immediate risk off harm you can crack on but must notify as soon as possible.

Is a section 211 notice required for work to dead or dangerous trees in conservation areas?

Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary.

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