What would you do???

[Mesterh]

I don’t see how that could be, the TPO is there to protect amenity not habitat and a duty of care would trump the TPO in any case.

 

I'm sure this came up before and someone pointed out a case where a company had been fined for removing deadwood from a TPO'd tree. Although since I cant find the thread(havent looked tbh) then I suppose best to ignore my comments since there based on something I think happended.

 

I know a TO who has requested an application for deadwood removal in the past.

[skyhuck]

The way I'd read the Guide is that you have to go through the same 5-day notification process to remove dead wood as you do to fell a tree under DDD, but the language is admittedly pretty ambiguous. It says:

 

"6.2 The LPA's consent is not required for cutting down or carrying out work on trees which are dead or dying or have become dangerous. In the Secretary of State's view, this exemption allows the removal of dead wood from a tree or the removal of dangerous branches from an otherwise sound tree."

 

This to me suggests that notification is still required for dead wood removal as well as felling. I suppose another way of reading it is that neither felling or deadwooding require any permission until you read:

 

"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."

 

Then again, the language is pretty vague- I mean what does "advised" mean in this context? It's pretty fuzzy.

There's also the point that you'd still be subject to potentially having to prove that the limb was dead if the TO thought (for whatever reason) that the work shouldn't have been carried out. I know 95% of the time you wouldn't get pulled up on this, but like I said above, I find implementation even in neighboring authorities, to be really patchy.

 

I personally always notify when I condemn a tree, usually in the form of a very brief report with pictures, which I often email in. Then it's on the record and you're covered. If you're diligent like this then I find when you do have to call up the TO and report a tree which is really knackered and really dangerous, they view it in context and take it seriously.

 

Seems clear to me, when removing dead wood you are not "proposing to cut down a tree" so do not need give notice.

 

I have in the past asked two different LA's if they wish me to apply for dead wooding, they both said no.

[Doug Blease]

How so???

 

Its alright huck, I was just winding you up.