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One for the LA's


Mark J
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Supposing I had a client who wanted three sycamores taken down...

 

The tree's aren't in a conservation area and nor do they have T.P.O's on them. I reckon that they were left there as part of the conditions for building the new apartments five years ago.

 

I've already talked the client into planting something more suitable instead.

 

Can I take them down or what?

 

Cheers

 

Mark

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Yes...

 

If you have it in writing from the LA that there are no Planning constraints, you won't be felling a suffiecient quantity to need a felling licence and you have the tree ownr's permission then yes, crack the chainsaw out.

 

But...

 

By asking the LA about the status of the trees, you may alert them of the need to put a TPO on them if the TO / PL deems it expedient :sneaky2:

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Sounds like planning conditions (PCs) may be the only restriction. Hence I would advise 'towing the party line' and contacting the LPA beforehand...even if with the chainsaw blipping away in the background.

 

PCs are notoriously difficult to enforce for the LPA and more particularly after 5 years have expired. There is a chance these PCs could have translated to 'restrcitive covenants' on the property deeds so may be worth checking with the residents...think though that's principally their risk not yours as your acting on instruction and would at least have very strong mitigating grounds. (That said I've never heard of a case involving such.)

 

The principal things you MUST consider are TPOs / Cons. Area & Felling Licence (if it's communal 'garden' area then it would/should be exempted from FC controls.)

 

Cheers..

Paul

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