Yes tree dead with TPO

[Oscuro]

I had a full yew tree with TPO which was dying due to ivy suffocating it. I wrote to the council to fell it and they agreed to cutting it to 1m to allow it possibly to regrow.  After a year, there is nothing happening to the tree and I contacted the council and they agreed that the tree is dead and I can cut it down but they want me to replace it with another yew tree in the same area.
1. Isn’t the TPO relevant to that particular tree?

2. So if the tree dies, doesn’t it mean the TPO dies with it?

3. Does anyone know what the law says about this?

4. If I have to by law to replace it, do I have to locate it in that same place, can I put it somewhere else in my garden?

here is council’s response

 

Clearly, the yew tree is dead and can be removed. Under the provisions of the TPO a replacement yew tree is required to be planted adjacent to the position of the original tree. The size of the replacement I advise should be not less than 1m in height.

 

thanks all

[dumper]

If you had left it to die I think the tpo goes with it however you cut it whilst living, and then it died so you need to replace 

there are members on here who know far more than me wait and see if they respond

[Squaredy]

1 hour ago, Oscuro said:

I had a full yew tree with TPO which was dying due to ivy suffocating it. I wrote to the council to fell it and they agreed to cutting it to 1m to allow it possibly to regrow.  After a year, there is nothing happening to the tree and I contacted the council and they agreed that the tree is dead and I can cut it down but they want me to replace it with another yew tree in the same area.
1. Isn’t the TPO relevant to that particular tree?

2. So if the tree dies, doesn’t it mean the TPO dies with it?

3. Does anyone know what the law says about this?

4. If I have to by law to replace it, do I have to locate it in that same place, can I put it somewhere else in my garden?

here is council’s response

 

Clearly, the yew tree is dead and can be removed. Under the provisions of the TPO a replacement yew tree is required to be planted adjacent to the position of the original tree. The size of the replacement I advise should be not less than 1m in height.

 

thanks all

I do not know about TPO rules, but maybe it could be replaced with a Yew which would not grow big like a normal Yew.  I have three Irish Yews in my small garden, and they are fastigiate and grow far more slowly.  Not sure if this would be allowed, but worth looking into.

[Rough Hewn]

I do not know about TPO rules, but maybe it could be replaced with a Yew which would not grow big like a normal Yew.  I have three Irish Yews in my small garden, and they are fastigiate and grow far more slowly.  Not sure if this would be allowed, but worth looking into.

Yew is very slow growing,
Especially if you prune the leaders…
[emoji106]

[Squaredy]

47 minutes ago, Rough Hewn said:

Yew is very slow growing,
Especially if you prune the leaders…

Well yes, although I have been to see a few houses with enormous Yew trees in the small garden (sometimes dwarfing the house) where the owner wants to remove the tree.  You have to take a long term view I would say with houses.

 

The largest single stem Yew I ever saw was in the back garden of a house in Cwmbran, South Wales, and the trunk was six foot diameter at breast height, and then the multiple stems above that had all fused so the diameter was maybe ten feet at the height of the upstairs windows of the house.  It appeared amazingly healthy and vigorous and in a large garden or park would have been magnificent. 

 

When the house was built in around 1800 it was no doubt a small or medium Yew of no great consequence.  Fast forward 215 years and it is a massive problem for the house owner and not getting any smaller.  I wish I had a photo. 

[Cuttup]

Haven't dealt with TPO's, but in Scotland, if you remove a tree in a Conservation Area (which places similar stipulations as a TPO) you need permission and if granted they normally state that a replacement tree must be planted.

 

Interesting scenario with yours being a  dead tree. As far a replacement planting, although they have stated 'adjacent' planting, why not enter into a conversation with them if you would rather plant it elsewhere? In my experience, tree officers are normally quite helpful, and have never beon too prescriptive about replanting location.

 

When feeling contrary, I've wondered what would happen if, a year after planting a replacement tree, I went back and 'felled' it, being under 7cm dbh t in theory there would be no restrictions. However, I'm not actually wired that way, just think it would be an interesting point in case law - there may even be a precedent, who knows?! 

[Paul in the woods]

4 hours ago, Oscuro said:

3. Does anyone know what the law says about this?

 

You may need to confirm where you are, i.e. England, Scotland etc.

 

Assuming England you can read up on the law here: https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#dead-trees-and-branches

 

[Mick Dempsey]

Is there owner of a lonely heartwood?

[daltontrees]

5 hours ago, Oscuro said:

I had a full yew tree with TPO which was dying due to ivy suffocating it. I wrote to the council to fell it and they agreed to cutting it to 1m to allow it possibly to regrow.  After a year, there is nothing happening to the tree and I contacted the council and they agreed that the tree is dead and I can cut it down but they want me to replace it with another yew tree in the same area.
1. Isn’t the TPO relevant to that particular tree?

2. So if the tree dies, doesn’t it mean the TPO dies with it?

3. Does anyone know what the law says about this?

4. If I have to by law to replace it, do I have to locate it in that same place, can I put it somewhere else in my garden?

here is council’s response

 

Clearly, the yew tree is dead and can be removed. Under the provisions of the TPO a replacement yew tree is required to be planted adjacent to the position of the original tree. The size of the replacement I advise should be not less than 1m in height.

 

thanks all

Please confirm what country you are in?

 

Also did you get a formal permission a year ago? Were there conditions attached? What were they?

 

On the face of it I think the Council probably can't insist on a replacement. But proceed carefully, you may have to remove it (if that's what you want to do) under exemption rather than with permission.

[skc101fc]

Is there owner of a lonely heartwood?

Bit of a long distance runaround though,Mick [emoji444] [emoji444]