TPO 5 day notice and exemptions?

[Ledburyjosh]

2 minutes ago, Mark J said:

There may be replanting condition within the TPO, so perhaps that's why they want notification of works. 

That could be good reasoning for it yes. But is it a legal requirement to give 5 days notice?

 

[Mark J]

9 minutes ago, Ledburyjosh said:

That could be good reasoning for it yes. But is it a legal requirement to give 5 days notice?

 

No idea mate, the online guidance suggests you should, you could deck the tree, tell nobody official, and then see what happens.

[waterbuoy]

Remember that there is also an obligation on the LA to revisit their TPOs.  If they have not done that for this tree, and it has been in poor health for a while............

[Ledburyjosh]

1 hour ago, waterbuoy said:

See this document, esp Section 6

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/14956/tposguide.pdf

 

Edit - beaten to it!

 

6.6 Anyone proposing to cut down a tree under this exemption is advised to give the LPA five days' notice before carrying out the work, except in an emergency. Anyone who is not sure whether the tree falls within the exemption is advised to obtain the advice of an arboriculturist.

 

This is from that document which uses the word advised. 

[waterbuoy]

Yes, so if you are an aboriculturist it appears to state in the second sentence that your opinion is sufficient to determine if it is 'an emergency' and falls within the exemption.

 

Sorry but that is me maxed out on this one.

[Dan Maynard]

3 hours ago, Ledburyjosh said:

6.6 Anyone proposing to cut down a tree under this exemption is advised to give the LPA five days' notice before carrying out the work, except in an emergency. Anyone who is not sure whether the tree falls within the exemption is advised to obtain the advice of an arboriculturist.

 

This is from that document which uses the word advised. 

That pdf is out of date, rely on the .gov website linked above.

 

If the tree is dangerous and you are going to do works without notification then you are only allowed to do the minimum to remove the risk, so probably not a fell.

 

If you are cutting it down because it's dead then you must give 5 days notice.

 

If you can give a 5 day DD notice, then you are completely covered so that's the easiest route. Send pictures to the TO.