Permission Robbed!

[Rupe]

I think the permission is for the tree not for the tree surgeon. Its a shame though. ON the permission notice it should say work to be carried to BS etc so if the company doing the work are crap you might get them pulled off the site but for a takedown there is no good or bad job in the customers eyes, its either gone or its not, so cheapest wins.

 

In a perfect world we could quote first and then if that is accepted we go for the permission, but this isn't the case this time.

 

Perhaps you could ask for the opportunity to match another price, but only if you can see the quote in full, then you can check out who they are using, if insured etc etc. at least then you get an idea of what you are up against.

 

Another example of this happening is this. Mr A has a crap house to sell for 100K. Mr B likes it but wants to build a huge extension, so gets planning permission for the extension prior to buying the house.

 

The permission is for the building not the buyer! So Mr A now has a house for sale with permission for a huge extension already in place, therefore house is now on sale for 125K...

[treedave]

My understanding is that anyone can apply to do work on any TPO'd tree and the permission remains with them. Why did the tree owner end up with the written permission?

This does not get around the issue of the owner refusing permission ie trespass, damage to another persons property etc.

The only way round it I've found is accessing the tree not from the owners property and cutting back to the boundary, but it is open to legal challenge, so it's NOT recommended.

 

I'm more than glad to be shot to pieces, as long as the issue is clarified:blushing:

[Rupe]

Surely that can't be right! The tree owner or the neighbour could have got the permission even though they are not going to be doing the work?

 

A tree surveyor could get it, but anybody else could do the work.

[treedave]

My understanding is less than crystal, but if I have done the paperwork and the permission is in my name / possession then the permission to do the work is with me. There is nothing to stop the tree owner from applying for permission in their own name and then getting anyone to do the work.

 

Sounds backwards but since when has the law followed common sense.

 

Yep a survyeor can get permission (as an agent for the owner) and then they contract the work out, but what happens if two surgeons apply for permission to do the same works on same tree ?

 

It's no good I'm going to have to ask someone with a big arb brain - any volunteers?

[Peter]

My understanding is that anyone can apply to do work on any TPO'd tree and the permission remains with them. Why did the tree owner end up with the written permission?

 

Regardless of the technicalities, if I apply for and get consent to cut a TPO'd tree, and the client gets someone else to do the work, no prosecution would ever be made once consent had been issued, regardless of who is actually holding the piece of paper.

[Rupe]

That pretty much sums it up Pete.

[Andy Collins]

My opinion, the tpo is on the tree, the tree belongs to the property holder, you're simply applying to carry out the work on their behalf. If they choose to get in another contractor, then they can. As far as billing them for the application, well you've done the groundwork for them and its as much a service as the removal, so they should be billed. I now make this clear in my quotations, as I got caught out once. Oh and it took them bloomin ages to pay for it, but they did in the end.

[18 stoner]

My understanding is less than crystal, but if I have done the paperwork and the permission is in my name / possession then the permission to do the work is with me. There is nothing to stop the tree owner from applying for permission in their own name and then getting anyone to do the work.

 

Sounds backwards but since when has the law followed common sense.

 

Yep a survyeor can get permission (as an agent for the owner) and then they contract the work out, but what happens if two surgeons apply for permission to do the same works on same tree ?

 

It's no good I'm going to have to ask someone with a big arb brain - any volunteers?

 

Thats how i see it too Dave:thumbup1:

 

I also will stand corrected if we are wrong, but the trouble is the permission came through the post saturday morning, and i am now considering giving the TO a bell for clarification, but that will be Tuesday! Hence why im asking all you guys.

 

Oh, and the reason the owner got permission in writing is he is a neighbour of the applicant! East Riding Council do contact all "interested parties" when an application is put in.

[Mesterh]

Why not get your customer to now refuse to go halves if you dont get the job?

 

If they (the tree owners) get someone else and pay all the amount themselves then im sure your customer may drop you a few quid

[18 stoner]

Another thought, as far as the finances go, how much does anyone think a reasonable invoice would be for time spent on the application?

 

I did tell my customer that my time spent on the application is included in the price, but didnt specify how much.

 

The price for removal was only £1200 without stump, so not as if I had lifted his leg anyway!