working on tpo trees

[Dai R]

We've got a job in a woodland with blanket tpos. The owner has got the relevant permissions and planning consents for the work, and has given a copy to us. There are two trees to be felled, and two to be topped. There are conditions for the work set out in the permission, not all of them relevant to the actual felling. Do we need to ensure that these other caveats have been met before starting the work, or is the owner liable to ensure these are done. If anyones done any work on tpos, any insight or tips gratefully received. Cheers

[AA Teccie (Paul)]

We've got a job in a woodland with blanket tpos. The owner has got the relevant permissions and planning consents for the work, and has given a copy to us. There are two trees to be felled, and two to be topped. There are conditions for the work set out in the permission, not all of them relevant to the actual felling. Do we need to ensure that these other caveats have been met before starting the work, or is the owner liable to ensure these are done. If anyones done any work on tpos, any insight or tips gratefully received. Cheers

 

TPO'd trees to be 'topped', that's interesting!

 

Ultimately if the conditions, assuming them to be relevant and reasonable, are not complied with the LPA could potentially prosecute both you, as the axe wielder, and the owner, aiding and abetting...or similar.

 

Hence you would be (very) well advised to speak with the LPA should you wish to deviate form the conditions, or indeed if you're unsure about them.

 

Good luck..!

Paul

[treequip]

TPO'd trees to be 'topped', that's interesting!

 

Ultimately if the conditions, assuming them to be relevant and reasonable, are not complied with the LPA could potentially prosecute both you, as the axe wielder, and the owner, aiding and abetting...or similar.

 

Hence you would be (very) well advised to speak with the LPA should you wish to deviate form the conditions, or indeed if you're unsure about them.

 

Good luck..!

Paul

 

Surely you mean legally enforceable.

 

You can't be prosecuted if they aren't

[Dai R]

I say topped, the actual condition is crown reduction of 7 m on a 13m tree that doesnt start branching until about 5m. Not much being left up. Not looking to deviate from the plans, just things like sourcing 2 trees of local provenance to replace each tree removed and bat surveys. Would it be a good idea to ask for receipts/reports etc from the owner for these? Thanks

[Jesse]

Surely you mean legally enforceable.

 

You can't be prosecuted if they aren't

 

The LPA are more likely to prosecute you the contractor as you should know better, the client to some extent is reliant on you as a professional to take control of the task and deal with the local authority your self, NEVER trust the client on there word double check everything and liaise directly your self with the tree officer, if in doubt about any of the specification request a site visit with the TO to clarify any issues .

[Kev Stephenson]

You need to see that the bat survey has been done before you start work.

 

Are you removing and replanting or have you been contracted to do the removals leaving the replants to the client? I always state on written quotes and again on invoice that the replant is the specific responsibility of the client unless I am further instructed to do the sourcing/planting. By ensuring it is on the quote means if the client doesn't replant and the council come looking for an ass to chew you are covered in that before you started the job the client knew he would be responsible for the replant.

 

Kev

[armybloke]

The LPA are more likely to prosecute you the contractor as you should know better, the client to some extent is reliant on you as a professional to take control of the task and deal with the local authority your self, NEVER trust the client on there word double check everything and liaise directly your self with the tree officer, if in doubt about any of the specification request a site visit with the TO to clarify any issues .

 

Definitely speak to the Tree Officer concerned to clarify the content of the granted application AND the conditions attached. AND yes you will be more liable than your client when it comes to prosecution (in my experience) if you wade in without due consideration.

[jhonnyjigsaw]

i tell you what if you cut these i will loler it for you 50 spikes wahoooooooooooooooooooooooooooooooooo

 

HAPPY AS CAN BEEEEEEEEEEEEEEEEEEEEE

[woodrep]

planning conditions apply only to the carrying out of the consent and cannot supercede your obligations under other legislation.So if health and safety say you must do something the making a condition is unenforcible .Ditto highways. noise. wildlife .etc

[HCR]

I'm pretty sure that the doctrine of privity of contract would prevent the contractor from being prosecuted in respect of the replants.

 

Re the bat survey - can the LPA condition a bat survey when granting consent to work on protected trees? Obviously the offence of disturbing a European Protected Species is unaffected by anything to do with TPOs, but I don't think the provisions of the relevant sections of the TCPA allow for conditions of this nature.

 

Why are they asking for trees of local provenance? This only means that the tree itself was grown locally - the parent tree could have been as foreign as the King of Spain! Origin - the geographic locality within the natural range of a species where the parent seed source or their wild ancestors originally grew - is a more appropriate term.