Who's responsible/ liable?

[The Stig]

Hi Guys,

 

As an agent you have a TPO lifted to fell a tree but it is granted on the condition that stump is ground out and replanting takes place in the next planting season.

 

Quote is broken up into felling, stump grinding and replanting.

 

Customer stops you at felling stage and says, here's your money, we'll pull the stump out and replant ourselves.

 

Customer then removes stump but does not replant.

 

Who is liable for not replanting and what are the possible consequences?

 

TIA

 

The Stig.

[Acg128]

Very good question as conditions on a recent job are to replant but there's a lot of work going on on-site so tree won't be planted straight away and client will be doing it themselves at some point. I'd like to think I wasn't liable should he not plant the tree. I'm supplying it so will have proof of purchase. Cheers

[Marc Lewis]

Land owner is responsible for replanting. I have known tree officers to come back and check.

[WorcsWuss]

You are the agent, land owner is the applicant.

Everything is the responsibility of the applicant, the agent is simply an administrative role.

Basic planning principles.

[daltontrees]

Here's how I would see it.

You gave a quote to do work, it was accepted and you now have a contractual obligation to do the work and the client has a contractual obligation to pay you for it on completion. However, your quote was broken down into headings and so it should be possible by mutual agreement to stop both parties' obligations after the felling or grinding stage and for you to get paid for the appropriate part of the job that you have done.

What is important is that you make it clear to the client that you are handing over responsibility for replanting to him and that it is a condition of TPO consent for which breach carries penalties. Conscience clear, professionally closed.

[Amelanchier]

The TPO is a land charge and the responsibility to replant lies with the owner / occupier of the land not his or her agents. It is they who will be served with a tree replacement notice if the replanting isn't done.

 

Incidentally, the TPO isn't lifted to allow you to fell - it still exists despite there being no tree...

[JonnyVine]

 

Incidentally, the TPO isn't lifted to allow you to fell - it still exists despite there being no tree...

 

This completely baffles my tiny mind, only a Local Authority could have such a Ridiculous decree! Windbag.

[Amelanchier]

This completely baffles my tiny mind, only a Local Authority could have such a Ridiculous decree! Windbag.

 

Fortunately, the world is not limited by your comprehension or your approval.

[Rupe]

I wait until Tony posts before reading threads like this!!

[treequip]

This completely baffles my tiny mind, only a Local Authority could have such a Ridiculous decree! Windbag.

 

Clearly baffled because its not local authority rules but the town and country planning act which is national legislation.