TPO in National Park Advice please

[Justme]

A friend has a small plot of oak trees in a National Park area. They are covered by a TPO. Can the national park stop here having two dangerous trees felled? I thought TPO's were the realm of the council?

 

This is what she said

 

We have a third of an acre of oak woods that have tree preservation orders on them. No problem they are fenced and gated away from the stock but they are above our drive. Two of the oaks are dangers, one being split and the other with sever root damage to the point of leaning across the drive with some roots exposed. So I phone National parks and say please come and have a look and give me permission to take them down. No they says. Why I says, because we won't. Apparently I have to get tree surgeon reports from two independant tree surgeons, I can they take the trees down but I MUST take photographic evidence of the damage to the trees, the rot and root damage, save the wood for future inspection as if I take the trees down they are going to prosecute me and I will need the evidence as defence in court. But they over hang my drive I says if they come down they could kill someone, not our problem they says. but if you inspect them NOW and give me permission it would be far cheaper for all concerned. Not our policy they says.

 

Apart from call the local TO at the council what advice can I give her?

[Tidytrees]

5 day notice

[bareroots]

national parks act in part like a local council on planning issues

[Justme]

On the 5 day notice does that go to the council or the NP?

 

As the NP have said they WILL prosecute she needs to be certain that she is right.

 

 

If The NP are acting as the council why have they not said put an application in to remove the TPO on the two trees?

[arb culture]

It sounds like the information from the National Park is nearly right.

 

Dangerous trees can be felled without making an application, but the duty of evidence is with the defendent to prove that on the balance of probability that the trees were dangerous. So records such as photos will need to be kept.

 

Alternatively an application can be made to fell the trees because they are dangerous. This will need one written report from one professional to validate the application. The LPA may then ask for frther information (eg picus assessment) but they can't demand it.

 

If the local authority refuse permission you can then appeal to the planning inspectorate. The whole process often takes over a year.

 

If the trees are located on a work site and you have done a risk assessment that shows they should be removed, then contact HSE. They will not want to advise you, but be annoying and persist.

Edited April 3, 2010 by arb culture
typo

[bareroots]

Don't know. Am speaking for the lake district national park. Here all tree works in the park go through the parks own tree officers. The council have nothing to do with it. You could always calling them and saying a branch has fallen off and hit someone, can they come round straight away or else you're going to sue them!

[sean]

I work in one of londons royal parks......any decisions on tree management are taken by the parks management team.....council have no say in the matter at all.

[common lime]

Send your dead, dying and dangerous statutory exemption notice to the planning authority for where the trees are located.

 

There should not be a need submit a report with an application given the description you have given. These trees should fall within the exemption but you should keep evidence that the trees are exempted.

[arb culture]

Be careful!

 

If you are advising this person as a professional, then you need to make sure you know what you are talking about, and ideally you should have the PI insurance to cover you if it goes wrong.

 

If it turns out that the trees are not imminently dangerous, the implications could be quite serious for you and your client.

 

Don't forget the number of times professional arbs go out to see a tree which has been described as dangerous by a lay person, only to find there's just a bit of deadwood, or it's just a leaning tree etc.

 

In answer to one of your questions - No, the national park cannot stop you from felling dangerous trees, but neither can a local authority. The only people who can do that are the courts.

 

However, LPAs can and will prosecute you for felling a dangerous tree if it turns out after the event that the tree wasn't actually dangerous.

[Arbocop]

STOP THINK ACT

 

the National Parks have the overiding control over such issues in national parks and have the extra backing of the NP act, giving them other powers besides good old planning ones.

 

5 day notice are all wel land good, but they are also a sure fire way to P off any officer be them LPA or NPA, if you serve notive on and LPA they will tell you that you must do it to the NPA and visa versa.

 

with the change in regulations over the last few years any aplication now needs to be done on app1 and for dangerouse trees and subsidance must be acompanied by an apropriate report.

 

now if theperson doing the report is unsutible you will get a refusal on the grounds of no corretc info, if the info in the report is disagreed with by the NPA then you will get a refusal.

 

If you do a 5 day notice and the NPA have a look and disagree with your notice you will be told so and told that if you proceed they will prociute.

 

if you get a refusal because the NPA dont think you have proved your case they can suggest things like picus, but the onus is on you to prove the case.

 

with regard to all the above giving advice to a mate miles away, via e mail about and officer you dont know is always trouble, best to advise them to chat to a local tree person who will know the system and the people and get things going that way alway runs smoother

 

kev