Can the LA make you fell a tree?

[toddster]

i think its safe, but obviously with it being in the position it is im not going to categorically tell them its not going to go over! thats the problem

 

Tree Officer may go for safety and covering council's back then. Worked on a similar situation last year, but on a Beech on a garden boundry with a lean towards neighbour's property. The neighbour called the council and quoted the Misc. Provisions Act at them as the council's under legal obligation to act to remove danger and I think are then liable if they fail to and anything happens. On that one the Tree Officer scared the tree owner into having it felled by telling him his bill would be twice as much if it was arranged by the council. Real pity, the Beech was in great shape.

[Quickthorn]

On that one the Tree Officer scared the tree owner into having it felled by telling him his bill would be twice as much if it was arranged by the council. Real pity, the Beech was in great shape.

 

Yes, that's the thing about Misc Provisions..if it gets to the stage where the council do the work, the bill will be absurdly high. This happened to a friend, who was ordered to secure a garage he owned, to prevent kids playing in it or something. He ignored the notice, so the council boarded up 2 windows and the doors..the bill for that (an easy mornings work for 1, although they probably sent at least 2) was £1000.

[Craig Johnson]

on a similar line, the local council have put new street lights out side a customers house...guess where.... in the canopy of a nice sycamore that will have to be sided up for the light to work. the tree is in a conservation area, could they object to the works been done, the old lights were no where near the tree?

[toddster]

on a similar line, the local council have put new street lights out side a customers house...guess where.... in the canopy of a nice sycamore that will have to be sided up for the light to work. the tree is in a conservation area, could they object to the works been done, the old lights were no where near the tree?

 

It would definately be worth checking if theres a TPO on the sycamore. If there is, I'd have thought your customer could object on the grounds that for the light to work would require infringement of the TPO. I wonder if the council would then rewrite the rules to suit themselves, but at least they would be subject to scrutiny.

[Lee Winger]

An independent arb consultants report is whats needed here imo

[Paul Barton]

I think that the law requires that a tree's owner "has a duty of care to take reasonable steps to prevent or minimise the risk of personal injury or damage to property arising from th presence of any tree on the site" (Lonsdale 1999).

 

Therefore if the owner of the tree employed a contractor to remove some crown weight from the road side that may be enough? At least it shows they were aware of the hazard and took steps to minimse the risk?

 

Or better, have a consultant come and put his/her name on the tree's condition for 12 months - however that would prove costly after a couple of years.

[nuttyarb]

I'm with Roller and misterTee. If the tree is not seen as a hazard by the consultant, then the council can not ask you to remove the tree. Commissioning a tree inspection would, in the least, be deemed as reasonable care.

On a different slant- there is something in the Highways Act that mentions trees being planted within 15ft of the center line of the road and vegetation obstructing the view from the road.

[bob]

on a similar line, the local council have put new street lights out side a customers house...guess where.... in the canopy of a nice sycamore that will have to be sided up for the light to work. the tree is in a conservation area, could they object to the works been done, the old lights were no where near the tree?

 

we have had problems with street lighting positioning generally street lights are now placed at the back of pavements as people keep walking into them and suing and lights now have a defined glow area but LA are also bound by certain spacings for different speed limits so it may have been unavoidable and maybe to light a junction i would hope there is a reason but i would certainly ask

[Topcat]

The highways dept would have to serve a notice under miss 5 of the act and prove that there was a probable danger or that an actionable nusiance (actionable in court) was present.

 

A leaning tree is usually no more risk than a straight tree, Although you would have to look at loading etc. A simple Arb inspection and report would be enough for you client to get a court injuction to stop the felling. They could also use the argument that the council owns this and that tree in the same condition and if a danger exists with your clients then theirs must be the same. How would the council stand if they felled this tree on safety grounds and then one of their own failed.

 

Usually a talk with the tree officer pointing out a few h & S issues work.

 

Someone mentioned a tree and a light. If a tree is in a Conservation area it is protected the same as if it was covered by a TPO and the penalties are exactly the same. Alas statutory undertakers such as electric have an exemption under the act.

 

Most statutory undertakers have agreed to carry out arb works in accordance with good practice. I'm sure a call to the local newspaper, pointing out that they could easliy relocate the street light would help. Councillors need votes and they hate bad publicity in their ward.