ID Please

[Pete Mctree]

If the tpo is upheld (you MUST object) and you subsiquently apply to fell the tree (on safety grounds with a report stating such) and they do not grant permission, then under Health and safety legislation they should be informed that they are liable. They are preventing you removing in a proffesionals opinion a hazard tree, therefore a liability

[benedmonds]

Yes i have had some success - If they put a tpo on a tree then they are saying it holds some value... If it holds some value it must have a reasonable safe life left. By saying this they are saying it is safe. If others disagree then they HAVE to take responsability...

 

If you take a car to the garage because you have break problems, they say its ok, you drive off and they fail you crash who is to blame.....

 

Hope that makes sense!!!

 

It makes sense just not sure my local council would see it that way as they just add a caveat (as I do on my reports and I'm sure you do on your reports)such as:

 

"although mechanical failure in trees is often attributable to recognisable defects, a sound specimen can fail in exceptionally adverse conditions."

[benedmonds]

In the above case there is a recognisable defect, so I guess it is more likely to work. I guess I'm off thread a bit thinking about healthy trees with no defects that will cause damage if they fail..

[Amelanchier]

I agree with raising an objection on the grounds that the tree is not suitable for protection by a TPO (if that is your assessment).

 

It is a common misconception however that refusing consent to fell places liability on the LPA.

 

IT IS NOT THE CASE.

 

A TPO tree is still the responsibility of the tree owner not the LPA.

 

If you consider the tree to be exempt from the TPO on the basis that it is dangerous... then it is dangerous NOW. Not next week when you can book it in.

 

If you consider the tree to be so dangerous as to warrant immediate removal, then take it down. If not then raise an objection to the confirmation on the grounds that the tree is not suitable for a TPO.

 

Should the TPO be confirmed. Apply for permission to fell. If refused then appeal to the secretary of state. An independent expert will determine your appeal.

 

Do not give the homeowner the false hope that the LPA now have responsibilty for the tree.

[Steve Bullman]

thanks for clarifying that tony