tpo's (again) and dead trees

[D A Tree Surgeons]

The blue book recommends you to give 5 days notice unless its an emergency.

 

You may be called upon to justify your actions so whatever you do gather evidence to support your actions

 

Thats how i read it :thumbup:

[daltontrees]

Regulation 14(2)(b). 5 days notice required by law. Unless it's dangerous , in which case notify them as soon as you can but get on with the removal.

 

Replanting is not mandatory, it's up to the Council to specify it.

[daltontrees]

It is, unless dispensed with by the local authority, if you rely on the exemption to remove the dead tree.

 

E

 

I think that's what I meant. That is to say, it would be appropriate to wait for the Council to direct you to replant rather than automatically replanting. That way they get to choose size, position and species.

[Arbocop]

I think that's what I meant. That is to say, it would be appropriate to wait for the Council to direct you to replant rather than automatically replanting. That way they get to choose size, position and species.

 

Nope and yes, if felled under an exemption, you are obliged to replant and also the replacement is automatically the subject of the original order.

 

As to the exception question, As i remember it, due to the structure of the legislation it is one of those 'reverse burden of proof' thus guilty until proven innocent, thus reg 14 makes you tell the lpa (5 days). If you are convinced it is dangerous you must keep enough information to prove it

 

As for what if there are bats in the tree thats a whole other question, as every day probebly all of us that work on trees break the law.

[AA Teccie (Paul)]

I've just been looking through the 2012 TPO regulations. Have also looked on different LPA web sites and an struggling to find an exact answer.

 

If I want to fell a dead TPO protected tree, I know I can. BUT, do I need to give 5 days notice to the LPA???. Some LPA websites say I need to give them 5 days notice. If I do, then WHY. Would there be some other regulations that could stop me felling the tree?

 

This is a hypothetical question, but is bugging me.

 

Hi Dave,

 

Jules has already given the answer = 'YES' but see guidance at Dead trees and branches | National Planning Practice Guidance

 

'Other Regs' = poss. Forestry Act, i.e. felling licence requirements?

 

Cheers..

Paul

[kevinjohnsonmbe]

Nope and yes, if felled under an exemption, you are obliged to replant and also the replacement is automatically the subject of the original order.

 

As to the exception question, As i remember it, due to the structure of the legislation it is one of those 'reverse burden of proof' thus guilty until proven innocent, thus reg 14 makes you tell the lpa (5 days). If you are convinced it is dangerous you must keep enough information to prove it

 

As for what if there are bats in the tree thats a whole other question, as every day probebly all of us that work on trees break the law.

 

Looking at the bat issue, there's good info here: Bats and the Law - Bat Conservation Trust for anyone wanting to know more. "Deliberately" and "intentionally" disturbing, taking bats or destroying roosts are the key elements in the potential to face a prosecution. Undertaking a bat awareness in arb course and, as far as is reasonably practicable, surveying the work site prior to commencing work would probably provide sufficient due diligence defence against prosecution.