Routinely refused works ?

[Marc]

LA's that refuse works antagonise people... everyone has to live with trees and refusing reasonable requests makes people resent they're arboreal guests!

 

If the work is carried out by professionals, it shouldn't be a problem...what gets my goat is when they let any old Tom, Dick and Harry have a hack and then don't prosecute for appalling pruning....too many college boys and clipboards I'm afraid.....

 

I agree with what that, it's just very difficult to find a happy medium, as I often look at the work we do as making people happy with their trees, having reduced a vast quantity of trees over the years I honest think sympathetic works can be carried out to healthy trees that will help to keep a harmonious relationship with the tree and owner.

 

If that makes sense!

[John Shutler]

I know which council this has come from ;-) and they take a very strong stance in my experience of making T.P.O applications. Vast areas of the borough are protected by conservation Areas and T.P.O's and in the past applications i have submitted have been refused for these types of works I.e reductions and thinning (even what I would describe to be sympathetic and minor works).

I take it you have had the same experience apex?

 

Unfortunately we have a select minority in our area (developers and rich builders) who have spoilt it for everyone by totally disregarding the rules when it comes to protected trees or best practise for that matter.

 

 

 

 

http://www.aatreesurgeon.co.uk

 

We don't do a lot of work in the area covered by that LPA but I've put in a couple of apps for crown reductions for trees that have had failures after the cycle of management wasn't continued and they have been turned down. I belive one of the trees was one that apex also applied for

 

 

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[arbogrunt]

I broadly agree, just one point, did you mean "they're arboreal guests" meaning we are guests of the tree or "their arboreal guests" meaning the trees are guests of people.

I am guessing the second (damn autocorrect) but I want to be sure!

 

yes mate, the second, I can get a bit poetic after a few glasses of wine!

[daltontrees]

I agree with what that, it's just very difficult to find a happy medium, as I often look at the work we do as making people happy with their trees, having reduced a vast quantity of trees over the years I honest think sympathetic works can be carried out to healthy trees that will help to keep a harmonious relationship with the tree and owner.

 

If that makes sense!

 

It does to me but don't forget that TPOs are about a harmonious relationship between the tree and the public. How the owner feels is immaterial. That's what the Council is saying in a roundabout way.

[Gray git]

This whole issue is about an informed balance between what is best for all involved. In order of importance tree, owner, public /council and also us as contractors as if we are refused all work as responsible arborists the trees may start to reach a point where they do become to much of a hazard/risk for thear location and be removed when if we were allowed to manage them a longer harmonious existence could be achieved.

If a council gets a reputation for overprotecting the TPO trees, TPOing any tree in conservation area that we apply to work on people will start to get the attitude link thismornings client of ' I want rid of ever tree on my new property before they become a problem and before any protection is on them'

Hope this is sort of relevant to the Op.

[daltontrees]

This whole issue is about an informed balance between what is best for all involved. In order of importance tree, owner, public /council and also us as contractors as if we are refused all work as responsible arborists the trees may start to reach a point where they do become to much of a hazard/risk for thear location and be removed when if we were allowed to manage them a longer harmonious existence could be achieved.

If a council gets a reputation for overprotecting the TPO trees, TPOing any tree in conservation area that we apply to work on people will start to get the attitude link thismornings client of ' I want rid of ever tree on my new property before they become a problem and before any protection is on them'

Hope this is sort of relevant to the Op.

 

If a Council tries to over-protect a tree, you appeal and if you're right an application that was refused will then be granted. However, trhere ris no right of appeal against the Council making and approving a TPO, all you can do there is get TPod, then apply to prune or fell, get a refusal and then appeal.

 

So back to my original point about the original question. I agree entirely that 'This whole issue is about an informed balance between what is best for all involved' but I think it is wrong for any Council to say beforehand that it will refuse some types of applications. How can a balance be struck if there can be no debate, no open-minded consideration of all the pros and cons for everyone involved? There can't.

[Gray git]

I don't know how anyone ells go's on with charging clients for the whole application process but it's in with the price of doing the required tree work with me,at the moment. But when a lpa starts the back and forth paper chase and everything that go's with it I've found I could have spent best part of half a day overall sorting it for nothing extra in the bank at the end. Derail I know sorry but just got 1back saying they could not clearly identify the only tree in a front garden from my sketch plan that I need to remove 1 branch from, clearly labeled on a photo, so the council's own recycling bin wagon can get under it.looking like it might be refused.

[daltontrees]

Such is the stuff that blood-boiling is brought on by.

 

Know what, if you're abating a nuusance or complying with some statutory imperative (like not obstructing the highway), you don't even need permission.

 

As far as I can see, if your plan makes it unambiguous which tree is affected by the Notice and you get a refusal or a deemed refusal because the Council won't register the application, please on behalf of all jobsworth-detesting arbs everywhere appeal it and you will win. The Act doesn't say you have to make it possible for the Council to identify the tree without getting off its lazy arse, it just says it has to 'be accompanied by a plan which identifies the tree(s) on which work is proposed'. The Government Guidelines say that 'The applicant must provide a sketch plan which clearly shows both the main features of the properties affected by the application and the location of the trees contained in the application. A formal location plan, drawn to scale, is not required.'

 

Send it to me, I'll take it to appeal for you for nothing.

[Gray git]

Going to start with the softly nicely approach of a phonecall on Tuesday explaining about their own requests and if they got off their bureaucratic arses and actually looked at what was sent them ie street map, sketch plan and satellite photo with tree marked even a nitwit could work it out!

[daltontrees]

Going to start with the softly nicely approach of a phonecall on Tuesday explaining about their own requests and if they got off their bureaucratic arses and actually looked at what was sent them ie street map, sketch plan and satellite photo with tree marked even a nitwit could work it out!

 

And I find it helps to let them know that you have read the Act and won't be brushed off. Benefit of teh doubt for 3 minutes then straight for the jugular. Time's money, even more so when you're doing TPO applications for free.