Dangerous trees and BS5837

[Derek Eames]

I have a tree within a planning application for building works which is a large leaning Beech which is split and hollow right through from east to west elevation. There is no TPO or Conservation Area constraints but would be in principal protected by the planning application. Would any one be able to advise on this and whether it could be taken down without waiting for planning? MT.

[tree77]

Nothing stopping its removal. I'm  assuming the bs5837 report recommends it's removal to.

[daltontrees]

I have always thought that in some way the planning application should confer some temporary protection of  a tree, but there is no basis in law for this that i can find.

However, take a tree down on a site with a live application and you might find your client gets a TPO on the whole site the next day. Indeed, this happened to a client of mine last month. About 100 trees TPO'd because a few small trees got bulldozed during site preparations. If nothing else, you will piss off the planners at a time when compromises need to be negotiated.

You'll know this anyway, but BS5837 only requires risks that are 'serious and imminent' to be flagged up. Any lesser risks can also be mentioned under the general heading of management recommendations but they may be hard to justify doing urgently unless they are a risk in teh context of current or permitted development.

I know you to be a QTRA user,  so I'd also mention that I equate 'serious and imminent' to QTRA 'unacceptable', about 1/1,000 or greater, as this seems to be an appropriate benchmark.

It's a different business assessing risk relative to proposed development. This is hypothetical risk that can only materialise when consent is granted and development is underway or completed. I think it's pretty hard to justify pre-emptive felling for that kind of risk, but it can be thrown into the mix in a planning application as the basis for removal.

If the tree is over 5 cu.m. and not in one of the exempted clsses, a felling license/permission may be needed. The risk exemption is 'prevention of immediate danger' which I benchmark to QTRA 'unacceptable' too. 

Trees with large cavities may be batty, so I'd look out for that.

I think it is worth bearing in mind that unless motives are to be misconstrued the removal of a whole tree on a planning application site is hard to justify if lesser works like reduction would reduce the risk considerably while  deferrring a decision on the rest of the tree.

[Derek Eames]

Thanks Julian

 

Appreciate your comments. The QTRA assessment is at 1/4K which is not tolerable when imposed on others. However I have since discovered (previously hidden by Ivy) evidence of sapwood fracture beginning to the NE elevation. The client has accepted that the tree needs to be removed but just not sure about the planning implication. If we have to wait for planning then it will probably be Nov 22 before we can do anything!!!!

[Derek Eames]

To All Arbs

Just had confirmation from the local tree officer that as there are no TPO or CA constraints and the tree is classified as potentially dangerous then there is no restrictions for removing  Good idea to check though as there may be differing opinions on this.!