TPO's and highways clearance height

[likeitorlumpit]

We've been asked to appease highways to give buses headroom (a 5m lift)

It's a line of limes in Canterbury next to a busy road.

The Limes are TPO'd. The work wouldn't affect major branches. (whether thats important or not I'm not sure)

Should we go through the 2 month process of liason with the tree officer or does the fact that we have been asked/instructed by highways mean we should just get on with it before they do it and charge.

Anyone been there?

[skyhuck]

Personally I would give the TO notice of my intentions, pointing out you are "abating an actionable nuisance", include a copy of the letter from highways.

[fagus]

I agree with Skyhuck, detail what works you intend to do so it can be monitored.Highways should have notified their tree officer if it is same Council.

I agree with Skyhuck.

`One of the exemptions for the need to submit a formal application (for trees

subject to a tree preservation order or a ‘Notice of Intent’ for trees growing in a

conservation area) is where the work involves ‘the cutting down or cutting back a

tree in line with an obligation under an Act of Parliament.' i,e Highways Act

The work needs to be done to acceptable arboricultural standards.

[MWArb]

In my experience, The work has to be done but u must confirm with TO.. once you tell highways people your doing the work the timer on them doing it gets extended as the client is taking the appropriate action.

[Paul Jenks]

Depends on the relationship you have or wish to have with your TO, whether you tell them or not. Highways are Statutory Undertakers and, if you've been instructed by them to carry out the works, you can carry on. Obviously works should comply with BS3998:2010 as far as is reasonably practicable.

Statutory Undertakers - Wikipedia, the free encyclopedia

[likeitorlumpit]

Thanks guys- that helps no end. I'm tempted to just get on with it but as I see it as not super important, I will inform TO first. Especially as we are flat out at the moment and don't need the work:001_smile:

[daltontrees]

When you say you have been asked to appease highways, you have not said you or the client has been served with formal notice by Highways. If not and it has only been an informal letter or verbal request, you have no formal authority to do work on TPOd trees. If you have formal notice from Highways you don't need TPO approval. Either way you should call the TO. It'll take 5 minutes and can only help.

 

People on here are saying you must follow BS3998 or do work to acceptable arboricultural standards. Where does it say that? If a branch is blocking a bus route and has to go, the consequences for the health of the tree are inconsequential. I believe you should do what needs to be done to comply with the Highways requirements, no more and no less. If that means a crown-lift beyond the BS3998 limits, so be it.

 

As my pedantry knows almost no bounds, I would also suggest that you are not 'abating an actionable nuisance' as Skyhuck has suggested (and with total respect for his invariably great posts) but are instead possibly complying with a statutory requirement. An actionable nuisance would arise only from a common law encroachment but since Highways authorities vest only in the solum of the road and not the ground beneath it or the airspace above it they might have no such common law right to seek action against a nuisance or to self-abate it. If such, the tree owner has no such locus to abate it. The Highways rights are entirely statutory, but fortunately for clarity their rights are very clear in the relevant Act(s).

 

There's a possibility that if Highways has formally notified and you dilly-dally, the Highways will go in and do the work and bill your client.

[fagus]

People on here are saying you must follow BS3998 or do work to acceptable arboricultural standards. Where does it say that?

 

It doesn't. Often authorities have a leaflet Re work on protected trees where it will be said.I would describe it similarly to a client, if not it is tantamount to saying just chop it off i.e anywhere on the branch structure.

I also take issue that removal of branch has little significance to tree health;no matter what the size- a wound is a wound to pest and disease organisms. There are other pedants about :-)

Work on or adjacent the highway is Arborists advertising hoarding to the public, good or bad work is noted. 'Oh that is how it is done, I could do that.'

[likeitorlumpit]

Provided that only the minimum amount of pruning is being carried out to comply

with the requirements of the Highway Act 1980, in other words the pruning is

directly required to maintain adequate clearance over a footpath or road, then a

formal application (for trees that are subject to a tree preservation) or a ‘Notice of

Intent’ (for trees that are growing in a conservation area) is not required. This

exemption applies irrespective of whether the highway authority has served notice

on you to carry out the clearance work. The pruning should be carried out to

currently acceptable arboricultural standards. If you wish to carry out work in

excess of the minimum required (for example if you want to prune branches

growing over your own property) you will need to submit a formal application or

notice of intent for the additional works.

 

The above was 'lifted' from Basingstoke council website.

2.4m above footpaths- to allow a person with an umbrella and 5.2m height from the central white line.

It seems you can just do it even without being formally instructed to. In other words, it is your duty as a landowner to make sure you keep any overhanging trees within those parameters. Kinda makes sense really.

[daltontrees]

People on here are saying you must follow BS3998 or do work to acceptable arboricultural standards. Where does it say that?

 

It doesn't. Often authorities have a leaflet Re work on protected trees where it will be said.I would describe it similarly to a client, if not it is tantamount to saying just chop it off i.e anywhere on the branch structure.

I also take issue that removal of branch has little significance to tree health;no matter what the size- a wound is a wound to pest and disease organisms. There are other pedants about :-)

Work on or adjacent the highway is Arborists advertising hoarding to the public, good or bad work is noted. 'Oh that is how it is done, I could do that.'

 

I don't disagree with you. All I am saying is that if yor tree is obstructing the highway it is not a defence to say that you cannot remove the obstruction because the extent of the work needed does not comply with BS3998. If the amount to be removed exceeds 3998 it may be bad for the health of the tree. But that has to be (in law) a secondary consideration.

 

Of course, any half decent Arb will make the final cuts as sympathetically and as compliant with BS3998 as possible.