Authority refusing to register any works unless individual branches are specified.

[Amelanchier]

There’s quite a lengthy document from the Magistrates Association here:

 

http://www.magistrates-association-temp.org.uk/dox/Costing%20the%20Earth%20for%20MA%20with%20cover.pdf

 

And an extract from Section 210 of the Town & Country Planning Act 1990 (TCPA 1990) which provides that:

 

(1) If any person, in contravention of a tree preservation order- (a) cuts down, uproots or wilfully destroys a tree, or (b) wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence.

 

I still see the ‘…in such a manner as likely to destroy it….’ As the key phrase.

 

Can anyone example case history to the contrary? I’m still looking….

 

Don't need case history when you have primary legislation! The 1990 act has been amended several times since its inception - most recently by the Town and Country Planning (Tree Preservation)(England) Regulations 2012 which pick up the 1999 phrasing of the offences.

 

http://www.legislation.gov.uk/uksi/2012/605/regulation/13/made

[kevinjohnsonmbe]

The challenge remains extant....

 

Find an example of a prosecution for 'pruning' a TPO tree without prior consent.

 

Not felling for construction sites or to improve the view. Just plain simple PRUNING, that which may, in any other circumstance, be considered 'tree management.'

 

After all, the point of the discussion thread is the perception that TOs are requiring too much detail and red tape in order to 'do the right thing.'

 

My (theoretical) question is.... Why bother with the TPO app, I can't find an example of any prosecution (deterrent) to just crack-on!

 

I do have a vested interest (and a shared frustration) with the originator of the thread. I have an outstanding app awaiting determination which has been the subject of a number of back-and-forth emails, a site visit etc etc. The neighbours either side of the homeowner have already given up on the 'authorised' route and are simply hacking the tree from both sides. It won't be long before the home owner gives up on the local government system and I lose interest in the job as simply being too much hassle.

 

Ultimately, the tree will be hacked from both sides, probably attacked by the homeowner and ultimately wither and die. How does that serve 'amenity value?'

[kevinjohnsonmbe]

Happy with the link though, that does take away my perceived ambiguity of the previous quotes....

 

They must have finally found someone with a half decent command of the English language to write the legislation.

[daltontrees]

I think you might still be missing an important point. Wilful damage or destruction is a seroius offence that will probably always have to go to trial unles ther is a guilty plea. That's not what we are talking about. The link you gave says that is is not really guidance for 'strict liability' offences i.e. the lesser offence of pruning without consent. Those are rarely stated cases and won't show up in case law. But proseutions do occur and people do get fined. They are not reported as there is noting much to prove except that there is a TPOd tree and work was done to it without consent. An open and shut case. You wouldn't expect to see prosecutions for parking tickets reported in the law journals. It's the same sort of thing.

As I see it anyone who purports to be in-the-know about tree law and takes on responsibility for advising a client on whether consent is needef ro tree works should be first in line for prosecution if there is a breach of the law. Remember, this is about the lesser strict-liability offence of prunong without consent. NOTHING to do with wliful damage or destruction and NOTHING to do with proving whether the unauthorised works will or won't kill the tree.

[kevinjohnsonmbe]

Jules, the point was well made with the link Tony Sorenson posted above, and acknowledged as such. No ambiguity, no room to misinterpret, no point missed...

 

The original gist of the thread, as I read it, was 'are TOs requesting too much specific detail (each individual branch) in TPO applications.'

 

If we acknowledge that conscientious arb professionals are generally well versed in the best practice (BS, industry best practice, training, certification and experience) is it really necessary, appropriate and, ultimately, in the best interest of the future health and vitality of the tree, satisfactory to the client and 'workable' for the contractor to over engineer the TPO application process?

 

Where frustration reaches an untenable point, is it not inevitable that client, contractor or (in my current case) neighbours will take unilateral action which is damaging to the tree and a breach of planning law?

 

That lead me to wonder, who, when and how many people have even been cautioned for pruning a TPO tree. In the case I have for example, the TO has visited the site, viewed the tree and it is blatantly obvious that the neighbours are hacking at will. Has he taken any action....? Of course not but is he demanding a pedantic level of detail in the formal application from an experienced, trained professional that wants to achieve the best possible compromise for tree and client....?

 

I'll bank in an FOI I think, see how many cases have been reported and of those how many led to formal or informal action.

 

Lively debate, keeps you thinking!! Maybe I'll take it up with FSB...

[Gray git]

I for one can see the point the lpa are making IF the aplications comes from the landowner who may not have any understanding of what they are proposing to do or the best way of doing it but hold the attitude, my tree ill do what I want!

When the aplications is made by a professional arbor company who the council will have had dealings with previously I believe there should be a degree of trust especially when such clear details are give as in the original post and possibly backed up with some labelled photos.

[kevinjohnsonmbe]

Great news!

 

PO has granted permission for pruning despite TO's latest request for MORE detail!

 

Life is good, the sun is shining, there's a challenging dismantle scheduled for Thu-Sat, I've had the morning at The Sportsmans in Exeter and I'm spending the afternoon prepping kit for tomorrow....

 

Happy days!