Felling a dead tpo'ed tree??

[Paul Barton]

Really? , i guess we must be a bit more fortunate down here , so are you expected to re-plant in the situation of removing a TPO'd tree that has been blown over in a storm ??

 

From the 'Blue Book':

 

11.8 The Courts have not resolved whether there is a duty to replace trees uprooted or

destroyed in strong winds. The Secretary of State considers that the duty does apply in

such cases, although the LPA may decide not to enforce the duty depending on the

circumstances of the case.

[Paul Barton]

So you don't notify??

 

DDD, is Dead, Dying or Dangerous, so you still need to notify.

 

From the 'Blue Book':

 

"11.9 Anyone proposing to remove a tree on the grounds that it is dead, dying or has

become dangerous is advised to give the LPA five days' notice before carrying out the

work, except in an emergency. The LPA have powers to dispense with the duty to plant a

replacement tree,138 and any request for such a dispensation should be put to the LPA in

writing."

 

I think it's advisable but not necessarily a requirement. I would always notify to cover yourself though.

[combined tree services]

From the 'Blue Book':

 

11.8 The Courts have not resolved whether there is a duty to replace trees uprooted or

destroyed in strong winds. The Secretary of State considers that the duty does apply in

such cases, although the LPA may decide not to enforce the duty depending on the

circumstances of the case.

 

Cool Beans thanks for that

 

so what is the bluebook view on dead trees being "exempt" from planning is my TO correct ?

[skyhuck]

From the 'Blue Book':

 

"11.9 Anyone proposing to remove a tree on the grounds that it is dead, dying or has

become dangerous is advised to give the LPA five days' notice before carrying out the

work, except in an emergency. The LPA have powers to dispense with the duty to plant areplacement tree,138 and any request for such a dispensation should be put to the LPA in

writing."

 

I think it's advisable but not necessarily a requirement. I would always notify to cover yourself though.

 

So there is a requirement to replace, unless the LPA wave it.

[Paul Barton]

Cool Beans thanks for that

 

so what is the bluebook view on dead trees being "exempt" from planning is my TO correct ?

 

"6.2 The LPA's consent is not required for cutting down or carrying out work on trees which

are dead or dying or have become dangerous.62 In the Secretary of State's view, this

exemption allows the removal of dead wood from a tree or the removal of dangerous

branches from an otherwise sound tree. If a tree outside a woodland is removed under this

exemption section 206 of the Act places the landowner under a duty to plant a replacement

tree at the same place (for more guidance on the duty to replace trees see Chapter 11 of

this Guide)."

 

Beware though - I would always double check on dead-wooding. Imagine a TO's horror if some idiot removed all the dead wood from a notable veteran tree....

Edited November 6, 2011 by Paul Barton
Adding note re dead wood

[combined tree services]

Great stuff Paul much appreciated , i guess im fortunate to have such decent TO's . but i will have to get a coppy of the blue book .

 

Thanks again

[treequip]

So there is a requirement to replace, unless the LPA wave it.

 

11.0 deals with trees removed in contravention. There is a duty to replace a tree if you didn’t have consent to fell.

 

DDD is an implied consent so no duty arises as long as your call was good.

 

The LA can however issue a TRO if they see fit.

[treequip]

Great stuff Paul much appreciated , i guess im fortunate to have such decent TO's . but i will have to get a coppy of the blue book .

Thanks again

 

Bedtime reading

 

Tree Preservation Orders: A Guide to the Law and Good Practice - Planning, building and the environment - Department for Communities and Local Government

[hazzygawa]

Wow. Thanks for all the info. There are some very knowledgeable people out there.

Good stuff.

I think I will give the local t.o. a ring to find out his take on it.

[VEG]

Do they state where the tree has to be re-planted?