Law re. private tree work

[Mark Bolam]

You seem to have a pretty good handle on it Stereo.

 

I've heard so much shite talked about trees over the years it's unbelievable.

 

'Oak trees, oh yeah, you're only allowed to crown them blah blah blah' (i'd love to know what 'crown' means!

 

Rupe, your take on the property value thing with the Limes is pure gold. I'll be nicking that one off you mate!

[skyhuck]

There's nothing stopping any concerned party asking their local tree officer to look at a tree and put a TPO on it if there is reason to believe their is an intent to fell.

 

Very true, but I wonder how many trees are felled because the owner fears they may become TPO'd?

 

 

A great many IME.

[skyhuck]

You seem to have a pretty good handle on it Stereo.

 

I've heard so much shite talked about trees over the years it's unbelievable.

 

'Oak trees, oh yeah, you're only allowed to crown them blah blah blah' (i'd love to know what 'crown' means!

 

 

 

Sooooo true!!

 

Plus the old "they don't TPO Sycamores"

 

Or "its TPO'd, but its OK just to prune it, no need for permission just to prune it"

[Stereo]

Problem is our parish is split over 2 villages and both tree wardens are in our village. The concerned councillor is from the other village and he is concerned about the changes going on, specifically with 2 felled Old Monterey pines and a heavilly pruned Beech which I don't believe are in conservation areas. Both were done for reasons of light to PV panels.

 

He wants a tree warden in their village which is fair enough. He won't do it himself though.....

 

The problem I'm getting is there is so much BS spouted about trees from councillors who should know better than to mouth off before doing their research that the meetings are being ruined in my view.

 

I think inviting our tree officer is a good idea and I will do so next time I see him at the Church House.

 

The point re. felling trees in case a TPO is placed is very interesting. I hadn't considered that before. You can see the logic from the home owner in some ways.

[Rupe]

I seem to be getting all sensible since getting my AAAC !!!

 

Will have to work on that!

[Peter]

Trees can also be protected by conditions attached to planning consent.

[slasherscot]

this may help u all

 

 

Felling licence exemptions

 

 

There are five categories of felling licence exemption:

•Location

•Type of tree work

•Volume and diameter

•Other permissions

•Legal and statutory requirements

 

Further details are provided in the table below. Please contact Forestry Commission Scotland before felling to confirm that a licence is not necessary.

 

 

 

Exemption category

 

Exemption details

 

 

 

Location

 

 

You do not need a licence to fell trees in:

•a garden

•an orchard

•a churchyard or

•a designated open space (Commons Act 1899)

 

 

 

Type of tree work

 

 

You do not need a licence to carry out:

•lopping

•topping

•pruning

•pollarding

 

 

 

Volume and diameter

 

 

You do not need a licence:

•To fell less than 5 cubic metres in a calendar quarter (Please note that you cannot sell more than 2 cubic metres in a calendar quarter);

•For trees that have the following diameters when measured 1.3 metres from the ground are: ◦8 cm or less

◦10 cm or less for thinnings

◦15cm or less for cutting coppice

 

 

 

 

Other permissions

 

 

You do not need a licence if you have a current permission under:

•An approved Dedication Scheme plan; or

•Planning permission (granted under the Town and Country Planning Act).

 

 

 

Legal and statutory requirements

 

 

You do not need a licence if you need to fell trees:

•that are dangerous or to prevent a nuisance;

•to prevent the spread of a pest or disease in accordance with a statutory notice served by a Forestry Commission Plant Health Officer;

•to comply with an Act of Parliament; or

•to enable you to carry out work as a statutory undertaker.

[slasherscot]

to enable you to carry out work as a statutory undertaker.

 

never heard that 1 b4 LOL

[Pedroski]

Felling Licences are a completely different kettle of fish to TPOs. While you don't need a FC felling licence to fell a tree in a private garden, that doesn't mean you can just fell it.....

[Ian C]

Felling Licences are a completely different kettle of fish to TPOs. While you don't need a FC felling licence to fell a tree in a private garden, that doesn't mean you can just fell it.....

 

Yes it does if there is no TPO or its not in a con area!