Changes to Dead/Dying/Diseased/Dangerous legislation April 2012

[Perkins]

Only just read this...not sure how well publicised it was.

 

Exemptions from the need for obtaining consent

Under the tree preservation order regulations that have been replaced, there were several circumstances where consent from the local planning authority was not required to carry out work to protected trees. This included trees that were dying, dead or had become dangerous. The broad scope of this exemption presented some uncertainty for those wanting to carry out what they believed to be exempt work. The new regulations omit “dying” from the exceptions. They also introduce an exemption for removing dead branches from a living tree.

 

In other words,

• Dying trees are no longer exempt from application. You must now submit a notice to prune or remove dying trees.
  
• You can remove deadwood from a living tree (I was under the impression that this was already the case).
  
• All new TPOs now automatically take immediate effect.
  
• You must now give five days' notice in writing, if you intend to do work to a dead or dangerous tree, except where the works must be done without delay to ensure public safety. In this case you must tell the authority as soon as possible after the works become necessary. A five-day notice has now become mandatory.
  
• Dangerous trees are exempt from full application only where they are at imminent risk of causing serious harm. Very few trees are likely to come within this category.
  
• Consents to carry out works now carry a standard two-year time limit. If works have not been carried out within two years of consent being granted, then a fresh application must be made. This is the same rule that already applies to trees in Conservation Areas.
  

 

Trees that are deemed 'imminently dangerous' can have problematic sections removed, or if they are likely to fall, be taken to ground level, but the council must be notified.

 

Full document can be viewed HERE

 

Perkins

[Jamie M]

Thanks for posting that up Mr P

[APC]

Bugger.