TPO Felling and replanting advice please

[daltontrees]

17 minutes ago, Joe Newton said:

Agreed.

 

Where does the liability end though. Can the new owner be held accountable for the previous owners choices? AFAIK the only way the council could enforce a replanting is through litigation, which they would have to prove to be a justifiable use of taxpayers money. They would have to be damn confident they would win and that litigation would be in the interest of the general public. Horrible optics if not.

 

Personally I wouldn't have mentioned and thing, and wouldn't volunteer anything further. Don't do their job for them. 

I think it has to be asssumed that as with plannng permission the tree obligation runs with the land (s.207 1990 Act), so the current owner could be het. But prosecuting a 2nd hand owner would I think be less potent, as there can be no asssumption of wilful disregard of the requirement.

Liability ends after 4 years unless tree replacement notice served.

[immotek]

Thanks all this is great. The officer emailed back to say he can't reissue the notice as has been over a year. 

Once we complete I will assess the situation and maybe try to get a meeting with him in person to argue the points well made here. 

 

No rush so far, but thank you all for your comments. Would personally prefer to keep the silver birch too!

[AHPP]

Much like Joe said, keep the state out of your life as best you can. 

Edited November 13 by AHPP

[Anno]

Speaking as a 'disgraceful council skinwaste ' and one of the few Tree Officers on here its not Rocket Science and all covered in this thread and as part of the order and consent.

In fairness I wouldn't specify any of those species though.

[immotek]

To be fair he's been very reasonable thus far so I am optimistic we can reach an agreement down the line. 

 

My only insight here is that the old tree that was removed was a massive sycamore, which may explain the choice of species.