I am fuming - advice / feedback wanted.

[Tom10]

I never ask if there is a tpo on such and such tree... you are inviting a visit from the tree officer to said premises.

 

I ask if there are any planning constraints at the property. If not, then crack on and get it done.

 

That's what we done, and always do as i find it works better too . We gave them the address and they told us there was a TPO in the fron garden but the back was clear. He knew we were working in the back and not on the TPO. We couldn't of been any more vague!

 

On arriving he said 'he was passing and heard a saw '

[Pedroski]

 

They are in a bad way. heavily Ivy covered and old for this species. From the ones we did take down I found numerous examples of why they should be removed including lots of dead wood, weak unions and even a completely hollow stem (2cm of hard timer around 50% circumference of the branch) I reckon it would of failed this winter.

 

You don't need to appeal. Just put an application in for works to a TPO tree, like you would any other. Justify the work you want to do and then they have to justify any reason for refusing it.

[Tom10]

You don't need to appeal. Just put an application in for works to a TPO tree, like you would any other. Justify the work you want to do and then they have to justify any reason for refusing it.

 

He said to appeal the decision within the 6 months time limit of his temporary TPO before it becomes permanent, but has already said it will be declined.

 

I guess if we are lucky we might get a reduction in winter.

 

Who would be responsible for damages if anything happened? the customer has done everything they can to prevent damage so surely it cant be their fault?

[felixthelogchopper]

He said to appeal the decision within the 6 months time limit of his temporary TPO before it becomes permanent, but has already said it will be declined.

 

I guess if we are lucky we might get a reduction in winter.

 

Who would be responsible for damages if anything happened? the customer has done everything they can to prevent damage so surely it cant be their fault?

 

Do you have any good witnesses to him saying exactly that?

[Tom10]

Do you have any good witnesses to him saying exactly that?

 

It was on the phone so could only ask a recording from phone provider. Think thats taking it too far though

[Topcat]

Firstly the TPO needs to be confirmed within 6 months,otherwise it is not valid. Anyone can lodge an objection during that time.(From what you say it's going to be confirmed anyway.)

 

Not saying who's right or wrong but the TO made a decision and you are stuck with it.It's now up to the client or his agent to decide how to deal with it.

 

All trees must warrant a TPO and you would hope that whilst TO's might make quick, on the spot decisions they will use that 6 month period to asses their original decision.Some one like yourself may write in explaining they feel that the trees are infact dangerous and are a risk. TO comes back to you and says prove it and put that in an application like you would any other TPO'd tree. If you prove a need for work the LA will probably approve it.

 

Remember that the TPO regs also allows for the removal of dangerous trees via the 5 day notice. No council (unless they got an injunction) can stop anyone from removing a tree.It's just they may well prosecute you if you were wrong in your diagnosis (spelling?)

In 30 years I have never had a council go for an injuction,Why, because where you can

prove faults within the tree that backs your argument for "dangerous" It is ney impossible for any one to prove a tree is Safe. Reduction may make a tree safer but is it now safe?

 

If the Council did go for an injunction to stop felling and one was granted,your client could then ask the same judge to make the council accept liability. How could the council argue against this when they have just argued the safety of the tree? to my

knowledge councils don't take on the liability of others knowingly.

 

This then answers your question as to who would be liable if these trees now failed. Answer Your client and if your client sued, his agent could be found liable also.Put simply

we are employed by clients to advise and deal with tree related problems.TO's are not here to advise individual tree owners (although most do).They are there to manage the overall treescape of an area and TPO regs are a tool they have at their disposal to help them. We are the ones that get paid (hopefully) to advise and manage clients trees. If we accept the remit and cheque we should be prepared to argue the case at all times to protect our clients.

 

There are far to many that don't realise they are giving advice. If you look at this particular job. You are the ones on site working with the trees, you have the best and most up to date info on these trees. The TO comes to site,spends 30 mins and acts on what he see's. It's not his job to come back and start doing reports or do our job for us.It's up to the contractor to speak with the client and help them make a decision on the way forward.

 

If your going to say " we can appeal or we can apply but it will take xx weeks". Please don't forget to mention " but in the mean time you will be liable should anything fail" unless we do this or that and by the way it will cost you ££'s more and can you sign here.

 

I'm not a TO or a TO hugger..lol. Some are a pain and some are very good to work with.I bet they say the same about us at their get togethers. I do think TO's, consultants and contractors all have a part to play in managing the treescape.It's just a shame that sometimes we always don't seem to get a long to well.

Edited September 3, 2012 by Topcat

[HCR]

I think you are lucky.

 

The long and short of it is the tree he protected on site, on the day of our job, after we contacted him 2 weeks before shouldn't of been protected.

 

I am right. despite your understandable siding with the TO. I couldn't agree more, most are really good.

 

In this instance and this instance only to my knowledge he went about the whole situation wrong.

 

A bad decision is a bad decision and maybe would not of wound me up so much. What has got my back is we told him the work we were going to do 2 weeks ago and he said go ahead. Then turns up on the day of the job and goes out of his way to stop us. Ignorance at its best.

 

I'm not siding with the TO in your case - I don't know all the facts so how could I?

 

I was responding to a post that referred to TOs protecting trees simply to justify their own positions. I said that examples of bad decisions exist - your case may well be one, but without all the facts I can't say.