Owner cuts TPO'd tree....Oooops

[Mac McLennan]

Got a request from an owner saying he needed a tree report with recommendations for remedial surgery. He had cut the tree overhanging his property without planning and the council told him to sort it out or face a fine (They wanted to see the specification first). As you can see from the photo he left lots of stubs.

 

 

All we could do was take it back to the next branch junction which on most of it was the main stem. The photo below is my son Dan just tidying up. Not great but the best we could do.

 

 

The owner can be greatful the council were in a good mood that day.

[Patchwork]

some awful awful cuts in the top pic, how do they think that just cutting back to mid branch and not a croch will do any thing.

[Colin Bashford]

Clearly the Council need to understand the difference between Common Law and Statutary law. There is still a presumption that there is a right in Common law to cut a tree in anothers ownership, even if it is covered by a TPO, back to the boundary between the two properties. The non owner cannot cut beyond the boundary even if it leaves arboriculturally unacceptable stubs. Most certainly the Council cannot fine the non owner for this action unless they really want to go to the High Court for a definitive decision on this issue, which is something we all are waiting for.

 

There are other oddities over this issue in that unless the non owner offers the owner back or returns the cut branches back to the tree owner then the non owner can be had up for theft.

 

British law - oh dear!!

 

Colin

[Amelanchier]

Most certainly the Council cannot fine the non owner for this action unless they really want to go to the High Court for a definitive decision on this issue, which is something we all are waiting for.

 

Surely cutting a TPO tree back to a boundary without consent could lead to a prosecution under s210 as unauthorised works?

 

Seeing as I TPO'd a tree the other day for just this very reason - the neighbour wants to take the half of the mature copper beech that overhangs his garden off back to the boundary line - maybe the high court is beckoning

[Yorkshireman]

rights to boundarys must also balanced with the extent of the 'damage to property belonging to another' as this brings into play 'willful damage' that could be seen as 'criminal' ,

if the works do indeed lead to the demise of the tree then a criminal prosecution could be sought

[Mac McLennan]

The last council I worked for did 'NOT' require planning for works to a tree overhanging property belonging to a third party..........But not this one.

 

Nowadays I just put in planning no matter what, as I do not need the grief.

 

Unfortunately, I no longer have a helpful TO on the end of a phone.

[Patchwork]

Seeing as I TPO'd a tree the other day for just this very reason - the neighbour wants to take the half of the mature copper beech that overhangs his garden off back to the boundary line - maybe the high court is beckoning

 

Why do people want to take half trees off just cos its in their garden,surley the final result would look worse than a tree overhanging? is it me or are people greedy selfish fools?

[Alasdair]

ok im going to say this and ill prob get in to trouble for it so im sorry just now but people are stupid they think they know best and everyone else thats been doing the job for who knows how many years talk sh*t. why????

[MasterBlaster]

I can't believe you're using a handsaw, and a tiny one to boot. Whutta waste of energy.

[Mac McLennan]

I can't believe you're using a handsaw, and a tiny one to boot. Whutta waste of energy.

 

Dan's weapon of choice on Chestnut.

 

I wasn't wasting much energy sipping tea and taking the photo's:tee: