Tpo

[Max Everett]

Hi , I have applied for felling a group of TPO Ash trees with die back. The relevant council has changed its tree officer who does not reply to emails and will not call you to discuss. I have been waiting over the statutory 6 week period. Do I now have the right to fell them legally. Any advice will be fantastic.

[daltontrees]

No you don't. The statutory 6 weeks is for Cosnervation Areas. There is no deemed consent for TPO applications, ever.

 

I am guessing you re in England. If Council does not make a decision, it is treated as if it is a refusal. After exactly 8 weeks or any time after, you can appeal to Secretary of State against the deemed refusal. The Council might still make a decision after that and before an appointed Inspector makes a decision.

[maybelateron]

Sadly you are between rock and a hard place. What Jules says is absolutely correct, no matter how frustrating it is for you. The only real option is to appeal to the secretary of state.

I suppose you could take the approach of notifying the local council/tree officer that the owner of the trees will hold them legally responsible for any adverse event due to their tardiness.

This is perhaps a more realistic option if you are the owner of the trees, whereas if you are a local tree surgeon it won't help your long term working relationship.  

[Mick Dempsey]

In my experience, bring all chummy with the TO is a waste of time.

 

Keep it strictly business.

[Mark Bolam]

31 minutes ago, maybelateron said:

Sadly you are between rock and a hard place. What Jules says is absolutely correct, no matter how frustrating it is for you. The only real option is to appeal to the secretary of state.

I suppose you could take the approach of notifying the local council/tree officer that the owner of the trees will hold them legally responsible for any adverse event due to their tardiness.

This is perhaps a more realistic option if you are the owner of the trees, whereas if you are a local tree surgeon it won't help your long term working relationship.  

 

I’ve had TO’s that wouldn’t sanction the removal of a manky 50 year old HC 6’ from a 300 year-old house ‘until it displayed visible evidence of cracking’.

They didn’t seem to give a toss about future blame or ramifications.

 

My current TO who is a pragmatic tree guy who used to be on the tools.

We have a great working relationship.

 

I would disagree with you Mick, but only slightly.

It does depend on the TO.

 

[AHPP]

2 hours ago, Mark Bolam said:

 

I’ve had TO’s that wouldn’t sanction the removal of a manky 50 year old HC 6’ from a 300 year-old house ‘until it displayed visible evidence of cracking’.

They didn’t seem to give a toss about future blame or ramifications.

 

They're aggressive scum. Call that visible evidence of cracking on a 300-year-old house £12,000 of damage. Someone earning £25,000 per year for a full year will, after taxes be able to pay that builder's bill, eat, and do nothing else. A tree officer essentially condemns that person to a year of work without being paid. That's usually considered slavery.

 

That's the kind of power that just one rank little council dreg wields. It's a disgrace.

Edited December 12 by AHPP

[NJA]

5 hours ago, maybelateron said:

Sadly you are between rock and a hard place. What Jules says is absolutely correct, no matter how frustrating it is for you. The only real option is to appeal to the secretary of state.

I suppose you could take the approach of notifying the local council/tree officer that the owner of the trees will hold them legally responsible for any adverse event due to their tardiness.

This is perhaps a more realistic option if you are the owner of the trees, whereas if you are a local tree surgeon it won't help your long term working relationship.  

So, can they be held responsible if they refuse, the tree then falls and lands on a house and car?  Causing extensive structural damage to an extension less than a year old, and righting off the car.

This has just happened maybe I start a new thread as slightly different issue to the one here, getting a reply wasn't a problem.

[monkeybusiness]

16 minutes ago, NJA said:

So, can they be held responsible if they refuse, the tree then falls and lands on a house and car?  Causing extensive structural damage to an extension less than a year old, and righting off the car.

This has just happened maybe I start a new thread as slightly different issue to the one here, getting a reply wasn't a problem.

Start a new thread with all the info - sounds an interesting situation.

[NJA]

14 minutes ago, monkeybusiness said:

Start a new thread with all the info - sounds an interesting situation.

OK will do tomorrow with a few pics to show size of the tree.  Large ash that had already dropped branches.

It was a tricky one I was called to go and remove a week or so back.  So gutting for the home owner; 'I was afraid this would happen'

Sorry don't want to stop the op getting answers they require on this one.

Edited December 13 by NJA