fines for doing work on tpo trees

[skyhuck]

Are you sure? It's not like building a house without planning permission. If you do that, even to building control standards, put in a retrospective app, and it gets turned down then you get fined and have the expense of demolishing it. You can't just go and unprune a tree, surely, even if it was pruned to BS.

 

I have been asked to apply retrospectively by an LA, as they had a back log of applications and would not be able to process the application within the 8 weeks.

 

As far as I'm aware you can only be prosecuted for "damaging" or "distorting" the tree, so I don't see how they could prosecute you if you have only carried out BS works.

[18 stoner]

tell me about it... i did get £2500 back off the first lanscape co... not without bloodshed from the boss's nose after accidently falling on my fist after blanking me for months... they made him spend 1000's planting new mature trees etc.. they couldnt prove i'd cut those ones down... they fined me for re pollarding several limes that they had actually given permission to do every 5 yrs for past 15 yrs and it was 4 yrs 6 months since they were done previously.. they said they had no problem with trees i'd done but i shoulda sought permisson... think they just wanted to make aqn example of us..

 

Unfortunately Nick, it is the contractor that carries out the works who is responsible for checking. As qualified tree surgeons, it is covered in part of the training to always check for TPO's and conservation area status, with TO before carrying out works.

 

Im suprised you werent had up for demanding money with menaces trying to get coin out of the first landscaper TBH.

[Old Mill Tree Care]

If it was only punning works and done to BS, you could just make retrospective application.

 

Then no offence will have been committed.

 

 

The law does not state this. Therefore it comes down to the discretion/indiscretion/ego of the tree officer.

[Paul Jenks]

My understanding is that if one cuts into live wood on a TPO tree without permission and without the protection of statutory undertaking works, (i.e. cutting back from highways or electricity wires, (even this has to be done to BS3998)),regardless of whether the works conform to the BS and there was a sound arboricultural reason, is an offence. Even with DDD one should tell the TO and or put in a 24hr or 5 day notice. It does depend a bit on how good your record is with the TO as to whether you can bend the rules or if you make a mistake how far they are likely to persue it. LA's often don't have the money or time to rigourously chase down every case of 'damaging' a protected tree so when they have someone bang to rights, if you catch them on a bad day, they might be minded to take you to court.

IMO it's a good idea to build a professional relationship with all the TO's in your patch so, like Skyhuck says, if they are busy retrospective paperwork is ok.

[nick channer]

Unfortunately Nick, it is the contractor that carries out the works who is responsible for checking. As qualified tree surgeons, it is covered in part of the training to always check for TPO's and conservation area status, with TO before carrying out works.

 

Im suprised you werent had up for demanding money with menaces trying to get coin out of the first landscaper TBH.

 

he knew he was in the wrong.. he sent an email sayin he'd done all relevant checks and to carry on with work asap.. this is what got him in hot water with council and hence reason he had to re plant.. you think i'm letting someone take the piss out me for 4 grand your mistaken.. dont care what anyone on here says or thinks..

wouldnt care if i'd gone in there off my own back and started cuting.. thats down to me... when its gone through a national lanscaping firm and i've seen that email which was attatched to plan of work to be done then its different.. and turns out he'd priced the tree work for £12000 and i'd carried it out for £2500... only took us day and half so to me was good earner.. as i found out after the event he'd subbed it out for £6000 so wasn't like he didnt have the profit to pay the fine...

he was struck noff HSBC's contractors list and replaced by me which was upside..

[18 stoner]

he knew he was in the wrong.. he sent an email sayin he'd done all relevant checks and to carry on with work asap.. this is what got him in hot water with council and hence reason he had to re plant.. you think i'm letting someone take the piss out me for 4 grand your mistaken.. dont care what anyone on here says or thinks..

wouldnt care if i'd gone in there off my own back and started cuting.. thats down to me... when its gone through a national lanscaping firm and i've seen that email which was attatched to plan of work to be done then its different.. and turns out he'd priced the tree work for £12000 and i'd carried it out for £2500... only took us day and half so to me was good earner.. as i found out after the event he'd subbed it out for £6000 so wasn't like he didnt have the profit to pay the fine...

he was struck noff HSBC's contractors list and replaced by me which was upside..

 

In that case Nick, you clearly had a civil case against him for recompense,

 

BUT, it is always the responsiblity of the contractor carrying out the work to check.

[treequip]

I have been asked to apply retrospectively by an LA, as they had a back log of applications and would not be able to process the application within the 8 weeks.

 

As far as I'm aware you can only be prosecuted for "damaging" or "distorting" the tree, so I don't see how they could prosecute you if you have only carried out BS works.

 

The offence is working on the tree without consent, once you have committed the offence you can’t make that right by getting consent retrospectively.

 

Assuming the work was to 3998 there is no saying that any works permitted would be to the full extent of the standard, for example a crown reduction might be to BS3998 but not considered appropriate for the protected tree.

 

There are 2 levels of fine under the tariff of offences. Destruction, or actions likely to destroy, carries a maximum of 20K. The LA can also insist on a “suitable” replacement tree, this could see you getting a spanking from one of the outfits with large tree stock.

 

Pruning without consent is a lesser offence carrying a maximum of 2.5K

 

Anyone guilty of TPO contravention will receive a summary conviction that will need to be declared some at places, most immigration paperwork specifically asks about convictions, it won’t stop you getting into a foreign country but it is still a conviction.

[nick channer]

The offence is working on the tree without consent, once you have committed the offence you can’t make that right by getting consent retrospectively.

 

Assuming the work was to 3998 there is no saying that any works permitted would be to the full extent of the standard, for example a crown reduction might be to BS3998 but not considered appropriate for the protected tree.

 

There are 2 levels of fine under the tariff of offences. Destruction, or actions likely to destroy, carries a maximum of 20K. The LA can also insist on a “suitable” replacement tree, this could see you getting a spanking from one of the outfits with large tree stock.

 

Pruning without consent is a lesser offence carrying a maximum of 2.5K

 

Anyone guilty of TPO contravention will receive a summary conviction that will need to be declared some at places, most immigration paperwork specifically asks about convictions, it won’t stop you getting into a foreign country but it is still a conviction.

type in "nicholas channer aylesbury magestraits court" on google there's a whole page on there....!! sorry.. i was fined £2800 with £1000 costs.. knew it was around £4000..

[nick channer]

In that case Nick, you clearly had a civil case against him for recompense,

 

BUT, it is always the responsiblity of the contractor carrying out the work to check.

 

as stated in my first post i no this..but sometimes when the jobs come through at least 3 reputable firms you'd think it was legit...

i wouldnt of expected the tree surgeon guy who the 2nd lanscaper used to do it or my climber but the others i 100% would..

civil case?? i followed him home from work after months of him ignoring my calls..emails etc.. he wasn't so cocky after that..

[skyhuck]

I have been asked to apply retrospectively by an LA, as they had a back log of applications and would not be able to process the application within the 8 weeks.

 

As far as I'm aware you can only be prosecuted for "damaging" or "distorting" the tree, so I don't see how they could prosecute you if you have only carried out BS works.

 

Should read "Destroying":001_rolleyes: (spell check )