The Comedy Of Errors

[Gary Prentice]

I have dealt with a few of these mostly re effect on garden walls. The hidden agenda was to get rid of the tree. There is often a simple remedy i.e amend the wall or fence. I used to recommend a slight wall reconstruction with the addition of lintel to over span the roots. A less expensive solution to removing the tree.

 

I was surprised the LA gave such an open consent, as the norm is to seek an engineering solution. Or root pruning supervised by the TO.

 

I'm sure you're right as we quoted on a reduction on another tree in his garden but wouldn't work to his spec. Someone else butchered it.......

 

In an effort to retain high amenity trees our TO will even go to the lengths of allowing walls to be moved forward onto the pavement/highway if necessary.

[fagus]

Has the LA maintained this land, this can be as little as inspecting fencelines, boundaries etc.

 

Highway /ground maintenance grass cutting in the early days pre work study, competitive tendering was not an exact art and was often done for many years on the foremans sayso i.e if its growing and been a bit of nuisance cut it. then when it came to be measured it was included on the grounds that we have always done it. LA's have inherited plenty of such areas in this way.

[treebloke]

We can't do that no matter what the consent says.

 

 

Why can't you do it, is it because it will make the tree unstable?.

[jaime bray]

Correct. Although the situation is more difficult, in that there is no-one to sue to abate the nuisance/trespass. I'm wondering what then occurs in the future, when the tree becomes diseased/decayed.

 

This situation can't be that uncommon, but I'm unaware of any legal precedent on what can be done.

 

Be wary of the law of joint severances in such situations.

[jaime bray]

PROCEDURE WHEN THE TPO IS MADE.

3.21 Under regulation 3 of the 1999 Regulations, the LPA must, on making a TPO serve the owner and occupier of the land affected by the TPO:

(1) A copy of the TPO, and,

(2) A notice (regulation 3 notice) stating:

(i) the LPA's reasons for making the TPO,

(ii) that objections or other representations about any of the trees or woodlands specified in the TPO may be made to the LPA,

(iii) the date , being at least 28 days after the date of the regulation 3 notice, by which any such objections or representations must be received by the LPA, and

(iv) the effect of the section 201 direction if one has been included in the TPO.

 

Double check that this is the case with the now appropriate 2012 tree regs, copy of info and peter annetts notes available on arboricultural associations website under help for arborists. Also available Richard nicholsons notes on changes to bs5837:2012.

[Jesse]

Double check that this is the case with the now appropriate 2012 tree regs, copy of info and peter annetts notes available on arboricultural associations website under help for arborists. Also available Richard nicholsons notes on changes to bs5837:2012.

 

Thanks will look into it, as for 5837:2012, have any LPA's actually got there heads around the 2005 version yet?

[Gary Prentice]

Why can't you do it, is it because it will make the tree unstable?.

 

It would definitely fall over.

[Gary Prentice]

After meeting planning and the TO this week, it seems they will serve a new order, posting on the site. With the root issue, the TO asked what max. Diameter the planning officer had specified.

[elwapo]

I have dealt with a few of these mostly re effect on garden walls. The hidden agenda was to get rid of the tree. There is often a simple remedy i.e amend the wall or fence. I used to recommend a slight wall reconstruction with the addition of lintel to over span the roots. A less expensive solution to removing the tree.

 

Do you know how much a builders cost !!!

[jaime bray]

Thanks will look into it, as for 5837:2012, have any LPA's actually got there heads around the 2005 version yet?

 

Not sure but hear the 1989? one was a good read...lol