Dying ash under TPO hanging over property

[Steven P]

How close is this tree to failing? Is it imminent (next week) or longer term (next winter, or longer) ? which might explain the trusts action. If it is likely to fail in say 2 years time then they might be leaving it for now.

[Stere]

Very hard to say  from only the picture  but that particular tree  doesn't look too affected or unsafe atm  with regards to adb.

 

 

 

 

Edited February 24, 2024 by Stere

[john87]

4 hours ago, daltontrees said:

Planning Act 2008 (c. 29), ss. 192(2)(b)

So the "exemption from control for any works that are to prevent or abate a nuisance" no longer exists??

john..

[john87]

10 minutes ago, john87 said:

So the "exemption from control for any works that are to prevent or abate a nuisance" no longer exists??

john..

Ah, i see it does still exist, but in a regulation relation to trees [instead of the planning act thingy..

 

The Town and Country Planning (Tree
Preservation)(England) Regulations 2012

 

Exceptions
14.—(1) Nothing in regulation 13 shall prevent—
(a) the cutting down, topping, lopping or uprooting of a tree—
(i) which is dead;
(ii) in compliance with any obligation imposed by or under an Act of Parliament or so
far as may be necessary for the prevention or abatement of a nuisance;

 

john..

[daltontrees]

11 minutes ago, john87 said:

So the "exemption from control for any works that are to prevent or abate a nuisance" no longer exists??

john..

I thought the reference to DDD was dead dying dangerous. That exemption no longer exists. Huge chunks of the 1990 Act were repealed, and most of the exemptions were re-made in the 2012 Regulations. Including abatemnt of nuisance.

[john87]

Just now, john87 said:

Ah, i see it does still exist, but in a regulation relation to trees [instead of the planning act thingy..

 

The Town and Country Planning (Tree
Preservation)(England) Regulations 2012

 

Exceptions
14.—(1) Nothing in regulation 13 shall prevent—
(a) the cutting down, topping, lopping or uprooting of a tree—
(i) which is dead;
(ii) in compliance with any obligation imposed by or under an Act of Parliament or so
far as may be necessary for the prevention or abatement of a nuisance;

 

john..

 

So, TPO or not, if it is a nuisance or dead, do away with it.

 

john..

[daltontrees]

Just now, john87 said:

 

So, TPO or not, if it is a nuisance or dead, do away with it.

 

john..

Only if you want to.

 

[john87]

Just now, daltontrees said:

I thought the reference to DDD was dead dying dangerous. That exemption no longer exists. Huge chunks of the 1990 Act were repealed, and most of the exemptions were re-made in the 2012 Regulations. Including abatemnt of nuisance.

Why repeal them then re-make them?

 

Have some of the legal bods in parliament read some of the case law you mentioned in your other thread replies?

[Botty Cough]

Dead ,dying or  diesesed is a suitable reason to just get on with removals .

I would just take it out personally as it's only going one way so get it while it's in some sort workable condition...

[daltontrees]

17 hours ago, john87 said:

Why repeal them then re-make them?

 

Have some of the legal bods in parliament read some of the case law you mentioned in your other thread replies?

I don't know. But new Regulations were needed anyway. The 1969 Regulations were remade in 1999, then again in 2012. It's like buses, none come for ages then two come along at once. Politicians liek to shift things form primary to secondary legislation so tha the Ministers can mess about with them afterwards without full parliamentary approval.