Replacement tree in conservation query

[Puffingbilly413]

On 19/10/2022 at 19:08, Barney said:

Evening,

 

Client cuts down crappy bay tree/bush in the rear garden without permission (possibly just over the 75mm at 1.5)

 

Tree officer wants him to plant field maple in the front garden.

 

Is this usually the case? Any advice will be appreciated so I can get back to client.

 

Thanks 

Is the TO requesting that the field maple goes in the front garden or stating that it must?  They can ask you to do more than you're legally obliged to but can't force you.  Although I do see councils phrasing things loosely so that it implies it's non-negotiable whereas it might not be the case.

As has been said already, I'd just make sure you are 100% clear on the legislation and advise your client on that basis.

[Barney]

Cheers guys. Client is open to planting a tree in the front. He's going to go back to the TO to discuss different species. 

[daltontrees]

14 hours ago, Puffingbilly413 said:

Is the TO requesting that the field maple goes in the front garden or stating that it must?  They can ask you to do more than you're legally obliged to but can't force you.  Although I do see councils phrasing things loosely so that it implies it's non-negotiable whereas it might not be the case.

As has been said already, I'd just make sure you are 100% clear on the legislation and advise your client on that basis.

The alternative take on that is to give the Council what it asks for to avoid prosecution and a fine.

[dumper]

Is bay a tree ? And not a shrub ? I take it we are talking Laura’s nobilis

[dumper]

Just now, dumper said:

Is bay a tree ? And not a shrub ? I take it we are talking Laura’s nobilis

Bloody spell check

 

[Puffingbilly413]

8 hours ago, daltontrees said:

The alternative take on that is to give the Council what it asks for to avoid prosecution and a fine.

Also true! Although should it then go to court it might seem to a judge that the council was opting to punish someone for not doing what they had not had the authority to make them do.

 

Buy yes, far simpler just to appease and move on.