Felling a dead tpo'ed tree??

[swinny]

my thought was that you could fell dead trees without any applications to the LA as dead trees are exempt thus meaning you would not be expected to re plant. But it would be nice to see an avenue re planted .

 

even if the tree is not there, the tpo still remains unless the council revokes it

 

and fairly sure, you do have to replant

[combined tree services]

from my understanding of planning law is that any dead tree is exempt from statute planning law , you must be able to prove that the tree(s) that have been taken down were dead . As a dead tre is exempt from statute planning reg's then it could be seen as unreasonable for a planning department to place a condition on exempt tree(s) that fall outside the realms of planning permission as the tree had come to the end of its life and had not been felled prematurely .

 

However i would always reccomend where possible and especially in the situation of an avenue of trees that they are replanted .

 

I guess it depends on the local Tree Officers but down here in Cornwall i have found them to be verry fair and sensible in such situations .

[skyhuck]

doesn't say exempt, dead trees.......

 

http://www.forestry.gov.uk/pdf/treefellingaugust.pdf//treefellingaugust.pdf

 

I think No6 would more than cover you.

 

Dead trees if left will became dangerous.

[b101uk]

It really depends on the nature of their demise and/or need for removal.

 

All the trees on my property at the back of my house are TPO’ed, any tree I have removed in the main for convenience I have had to replant a new one, in cases where they are DDD or from lightning, landslip or other things I have not had to replant.

 

Though this may be because I had to be most insistent with the latest TO that the trees did have a blanket TPO on them going back to the late 70’s which he later found after initially saying they didn’t.

[skyhuck]

from my understanding of planning law is that any dead tree is exempt from statute planning law , you must be able to prove that the tree(s) that have been taken down were dead . As a dead tre is exempt from statute planning reg's then it could be seen as unreasonable for a planning department to place a condition on exempt tree(s) that fall outside the realms of planning permission as the tree had come to the end of its life and had not been felled prematurely .

 

However i would always reccomend where possible and especially in the situation of an avenue of trees that they are replanted .

 

I guess it depends on the local Tree Officers but down here in Cornwall i have found them to be verry fair and sensible in such situations .

 

A TPO is "a charge on the land", so even if the tree is dead it still needs replacing.

[combined tree services]

i know you can fell them etc..... but its just it sounds like a lot of trees felled thus a lot of cubic metre/tonne of wood??? or is it exempt because theyre dead??

 

Cheers

 

Often the FC will not request that you apply for a felling liscense for nessessary Arboricultural works BUT this is at their descretion

[swinny]

I think No6 would more than cover you.

 

Dead trees if left will became dangerous.

 

"He felled them and made the field arable"

 

dead tree's are no harm in a field unless there is a public footpath or they are over a road etc or near buildings or powerlines etc so i'd at least give a phone call to check

[treequip]

He is legally required to replace them and the replacements are covered by the old TPO, well thats my understanding of it.

 

It’s the other way around, you don’t have to replace unless you are served with a tree replacement order (TRO)

 

TRO’s normally accompany felling consents. If you simply notify the felling under DDD they often don’t bother with a TRO but they can. Each circumstance depends on its own facts.

[Johny Walker]

"He felled them and made the field arable"

 

dead tree's are no harm in a field unless there is a public footpath or they are over a road etc or near buildings or powerlines etc so i'd at least give a phone call to check

 

i think 1,s been a tad perdantic ther dont you

 

its,classed as good husbandry to replant after felling works, such as this

Edited November 6, 2011 by Johny Walker

[skyhuck]

It’s the other way around, you don’t have to replace unless you are served with a tree replacement order (TRO)

 

TRO’s normally accompany felling consents. If you simply notify the felling under DDD they often don’t bother with a TRO but they can. Each circumstance depends on its own facts.

 

How would he stand if he did not notify???