Trees overhanging from a CA

[Ledburyjosh]

Hi,

 

Curious if anyone know the legal standing of the below scenario?

 

Some trees growing along a CA boundary. The tree stems are within the CA, some branches overhanging the adjacent land are not.

Is notification required to prune these or not? 

 

Thanks

[Will C]

If there growing from within the ca they are in the ca end of story.

[RobRainford]

Yes. As above. The tree is growing within the CA so all parts of the tree are subject to CA rules

[Dan Maynard]

What about part of the stem is in the CA? I've had this with some elms, tried to get the council to clarify whether the trees were in or out, they never really did.

[Stubby]

Notify the local authority of your intention to carry out the pruning works , wait the specified 6 weeks , if you hear nothing crack on . If they have a specific TPO they will inform you other than that you might not hear anything .  

[kevinjohnsonmbe]

It's an interesting - if probably reasonably rare - question.

 

I can't say I've ever seen sufficient detail in any legislation which would dive down to that level of detail - it wouldn't be unreasonable to assume the offending branches cannot exist without the tree [which is within the CA] so where the branches are 'of' the tree, and the tree is afforded CA protective status, then so would the branches.

 

As Stubby says, unlikely to be so urgent a need for pruning as to make a s211 notice an unreasonable ask.

 

Notice will either be unopposed or a TPO will be initiated [by no means a frivolous undertaking by an LA.]  Of course if the offending branches were causing an actionable nuisance, they could be removed without recourse to LA in any case.  If they are not, no harm submitting a s211.

[dumper]

A CA is a conservation area not a tpo area my local council placed my house at the boundary of a conservation area I’m inside, they then decided to prune my ash tree which overhangs the next door sheltered housing, not inside the conservation area, I brought up the fact they had not asked for permission to carry out the works, came home to find two men inside my garden with a ladder up the tree 

the tree officer said the conservation area finished at my boundary as no tpo therefore they could cut to the boundary

[Ledburyjosh]

1 hour ago, kevinjohnsonmbe said:

It's an interesting - if probably reasonably rare - question.

 

I can't say I've ever seen sufficient detail in any legislation which would dive down to that level of detail - it wouldn't be unreasonable to assume the offending branches cannot exist without the tree [which is within the CA] so where the branches are 'of' the tree, and the tree is afforded CA protective status, then so would the branches.

 

As Stubby says, unlikely to be so urgent a need for pruning as to make a s211 notice an unreasonable ask.

 

Notice will either be unopposed or a TPO will be initiated [by no means a frivolous undertaking by an LA.]  Of course if the offending branches were causing an actionable nuisance, they could be removed without recourse to LA in any case.  If they are not, no harm submitting a s211.

It is an odd scenario. But I have been asked about it. Its not unreasonable to go with the standard CA notification to be sure. I was curious though if any one knew of any cases that would suggest anything else

[Ledburyjosh]

1 hour ago, dumper said:

A CA is a conservation area not a tpo area my local council placed my house at the boundary of a conservation area I’m inside, they then decided to prune my ash tree which overhangs the next door sheltered housing, not inside the conservation area, I brought up the fact they had not asked for permission to carry out the works, came home to find two men inside my garden with a ladder up the tree 

the tree officer said the conservation area finished at my boundary as no tpo therefore they could cut to the boundary

Interesting. I wander if he based that on his own judgment or knew if that is the legal standpoint? 

[kevinjohnsonmbe]

2 hours ago, dumper said:

A CA is a conservation area not a tpo area my local council placed my house at the boundary of a conservation area I’m inside, they then decided to prune my ash tree which overhangs the next door sheltered housing, not inside the conservation area, I brought up the fact they had not asked for permission to carry out the works, came home to find two men inside my garden with a ladder up the tree 

the tree officer said the conservation area finished at my boundary as no tpo therefore they could cut to the boundary

 

 

 

No requirement for consent to have work done to tree(s) within a CA by, or on behalf of, the LA.

 

The example given may not apply to the OPs post unless it is the LA, or an agent of the LA doing the work...