Conservation Area - another tricky one

[treebloke]

This is the situation.

 

pub has a fire, fire burns hole in the roof, pub is shut for repairs, one of the repairs is to mend the big hole in the roof, tree next to pub overhangs and touches roof, scaffolding can be erected but repairs cannot take place until tree is trimmed.

 

Pub and tree are in a Conservation Area so notice to LPA is required. Tree officer says it will take three weeks to process, repairs are booked in for next week = problem:confused1:.

[Lukey-Loki]

Are you to do the work on the tree? Maybe a chat with the tree officer. Seems like the the construction/scaffolding company should be talking to the council too.

[Peter]

Its not really your problem is it though? Unless its your local?

 

The options are either prune the tree and hope the paperwork goes through, or wait for the paperwork, I'd be amazed if they process any quicker than three weeks.

[MattyF]

In simular situations I have been given the go ahead within days or a day if the situation is explained.

[treebloke]

In simular situations I have been given the go ahead within days or a day if the situation is explained.

 

I have explained the situation but it seems to fall on deaf ears. I guess if it was with a tree officer who we knew it may be different but all the same you would think common sense would prevail.

 

The TO has dug his heels in and is adamant it will take minimum three weeks. While this is going on the pub is closed and it does actually look a right eyesore with heras fencing around it.

[Paul Jenks]

Ask the landlord if he has insurance for interuption of business. If he has then talk to the insurers as they may well demand redress from the LA. Whether they'll get anywhere is another matter. It might shoe-horn some common sense into the situation.

[458 Lott]

Council can fast track the 211 notice

Or erect the scaffold then prune back any actionable Nusance

This would have been sanctioned if planning permission was required / granted for repairs to roof ie access faccilation pruning

[Al Cormack]

If there is no likely hood of a TPO being made on the tree then crack on. The council legal department won't be prosecuting if the tree officer was going to allow it anyway - costs to much money;)

[AA Teccie (Paul)]

Council can fast track the 211 notice

Or erect the scaffold then prune back any actionable Nusance

This would have been sanctioned if planning permission was required / granted for repairs to roof ie access faccilation pruning

 

If the tree and the pub are on the same land, then 'actionable nuisance' doesn't apply (I don't believe) and unless you can get the go-ahead from the TO beforehand you have to go through the 6 week notifictaion period...so 3 weeks doesn;t sound too bad.

 

Madness I know, but there's no way of tying back / up the offending branches til you get go ahead to prune so repair works can proceed is there?

 

Sorry Bob...all out of (stupid) ideas now.

 

W'yam.

Paul

 

PS Councils can only 'fast-track' a sect. 211 notice IF there's a will to do so AND if the TO has delegated powers...I think.

[treebloke]

If there is no likely hood of a TPO being made on the tree then crack on. The council legal department won't be prosecuting if the tree officer was going to allow it anyway - costs to much money;)

 

They do not need to make a TPO as the tree is not under threat, but they could if they had a mind to, you just never know for sure do you.