Felling licence

[daltontrees]

Councils may be trying to shun maintenance responsibilities, the standard request to a Council round here to cut anything is basically 'you can cut it as long as it doesn't cost us anything'.

 

In your situation you could ask Highways if it's their trees. If they say no, it doens't prove anything but it is a get-out-of-jail-free card for you. If it says the trees are its, that could be difficult to challenge.

 

I wonder if a contractor could get done for breach of Forestry Act instead of the customer? Same scenario as TPOs and CAs, isn't it? Tree contractors are specialists, they should know to check on behalf of customer.

 

If you think it's difficult, count your blessings you are not up here where we have a whole new Act and significant changes to the 'license' laws. There seems to be Scottish Forestry people out scouring the country for offenders, like so many ring wraiths. Or some curtain twitcher calls them and they're tapping you on the shoulder before you've got the choke off.

[Paul in the woods]

I think it's just as bad down here. The FC are not interested in processing small felling licences so I have to work with my 5 cubic meter exemptions and hope I don't get any ill informed people complain. (I have photos and notes so I should be fine)

 

I have of course tried to discus the boundary with the council but they only respond if it suits them. You can also get a different answer depending on how you ask the question and if you dare prove to them they are wrong they just tell you to go to the ombudsman.

There's the added problem that much of the highway work is contracted out so the management don't have a clue if they've done the work even though they will assure you it would have been done properly.

 

Now I'll just sort the trees and hope. I expect there's quite a few people in a similar situation.

[devon TWiG]

I have had a few examples recently where neither the Council ( highways ) or owner admits  ownership of  road side trees , because they are large Ash with ADB  which is an awkward situation and I am sure will keep cropping up !!

[tree77]

On 14/06/2021 at 12:59, daltontrees said:

It's not that simple. Verges and tree on them usually vest in the Highways Authority, regardless of who owns or owned the land beneath. This does not need to be shown on title deeds as it is a blanket statutory vesting.

 

Mynor's book devotes 11 pages to this one issue. Maybe that gives an idea of the challenging nature of the issue?

 

The bit you cite from Highways appears to be a particular situation of boundary trees, not verge trees.

Not seen with verges but I have seen  areas under private ownership but still fall under highways maintenance at public expense (hmpe)