TPO Felling and replanting advice please

[immotek]

Hi all,

 

New member here, seeking some advice please. Currently going through a transaction on a new property.

 

There is a TPO felling order that was complied with for a Sycamore - this was done by a tree surgeon last year.

 

The seller has replanted a silver birch (this year) in the same place himself and their solicitors are now saying this is done.

 

My question is - have the duties of the TPO been discharged appropriately? Just want to check that the replacement tree is appropriate given I cant see in the original order anything stipulating that except for the phrase "of an appropriate size and species".

 

Thank you all, this is the only thing holding up our transaction and the solicitors seem to be clueless about how to interpret this!

 

 

 

[daltontrees]

There are 3 tests and possibly a 4th. Is the location as close as possible to the original, within reason? Is the size as required by the condition (this is a matter of fact that can be checked by height and stem girth)? Is the species appropriate? The last is the hardest, because 'approriate has no defined meaning nor has there been any case law on it that might enlighten. I would advise a client to create a definition based on the amenity the previous tree presented and whether the replacement will do the same. This is probably mostly a question of scale (mature height and spread) but there may be limitations due to soil type and ground water and other factors like susceptibility of buldings to subsidence.

The 4th test would be whether the Council has approved the replacement, in which case the other tests don't matter. I'd check with the Council..

[immotek]

Thanks @daltontrees, that's very helpful.

 

As far as I can ascertain, tests 1-2 have been complied with; its the "suitable species" thats problematic, but I am more confident now that I have learnt from you that its not defined anywhere.

 

Based on this then I am happy to proceed and then deal with the Council myself to sort it out if they object. We are still in the planting season so worst case scenario I can re-plant a new tree I imagine.

Edited 21 hours ago by immotek

[daltontrees]

1 hour ago, immotek said:

Thanks @daltontrees, that's very helpful.

 

As far as I can ascertain, tests 1-2 have been complied with; its the "suitable species" thats problematic, but I am more confident now that I have learnt from you that its not defined anywhere.

 

Based on this then I am happy to proceed and then deal with the Council myself to sort it out if they object. We are still in the planting season so worst case scenario I can re-plant a new tree I imagine.

If you purchase and the original owner is away there is possibly less likelihood of comeback on you. On the face of it a birch is as good as sycampre, and considerably less light demanding so better near habitation.

Edited 19 hours ago by daltontrees