Replanting after tpo'd tree removal

[SiW]

Having recently removed 2 beech trees after they had been condemned my client is not keen on replanting replacement trees as specified by tree officer. Lookin for people's opinions but I seem to think there is very little the council can do to enforce replanting, in the way of fines? Seem to recall something where a council did something so it caused an issue if a property search was carried out buy a prospective buyer

[born2trot]

Insulting not to replant imo . Here in Austria its taken seriously with hefty fines .

[kevinjohnsonmbe]

Be interesting to see some of the learned, experienced responses.

 

There's a couple of points that might help a detailed response.

 

Who condemned the trees? Was there an application to local authority for removal of TPO'd trees? Did the response to the application approve removal and direct that replacements were required? Did it specify what the replacement should be - age, species etc and did it detail anytime frame on actively nurturing and protecting the replacement?

 

Those are some of the questions if ask before venturing a response, there may be other practical / legal points others might ask

 

Watching with interest!

[SiW]

Be interesting to see some of the learned, experienced responses.

 

There's a couple of points that might help a detailed response.

 

Who condemned the trees? Was there an application to local authority for removal of TPO'd trees? Did the response to the application approve removal and direct that replacements were required? Did it specify what the replacement should be - age, species etc and did it detail anytime frame on actively nurturing and protecting the replacement?

 

Those are some of the questions if ask before venturing a response, there may be other practical / legal points others might ask

 

Watching with interest!

 

Independent consultant working for neighbour condemned trees after there tree failed, work carried out on 5 day notice basis and not a tpo application. Email correspondence from tree officer specified replacement with a birch and a sorbus

[kevinjohnsonmbe]

Ok, the other thing that occurred to me, it's possible the customer may have minimal or no further interaction with LA TO so it might not matter to them what the future relationship might be.

 

You on the other hand might need future good working relationship with TO so might be tactful to withdraw from the debate?? Just a thought...

 

Maybe just let the customer decide what they want to do and offer to do it if it suits you.

 

To be honest, I don't know how 'binding' an email from the TO might be, I guess it depends on the wording / context of the email. Was it a 'direction' to replant (not sure if that's possible / binding) or was it an expression of what the TO would 'like to happen.'

 

Hopefully, one of the current or former TO's on the forum might express an opinion.

[detritus21]

Replant is a necessity as it a condition. The new tree also takes on the tpo. What you could do is ask if different trees be considered if they aren't deamed appropriate but would need sound reasoning.

[Arbtech Tree Services]

As they were dealt with on a five day notice they had obviously lost their Statutory Protection. Replanting is usually a condition of ammending the TPO to allow felling. As the trees were no longer protected i can't see how the LA could enforce a breach of condition notice (with fines).

 

Seem to recall something where a council did something so it caused an issue if a property search was carried out buy a prospective buyer

 

Town and Country Planning Act 1990 Section 206 subsection 5

 

Town and Country Planning Act 1990

 

If the owner doesn't replant the duty passes to the new owner.

 

I welcome views on this from the more knowledgeable members.

 

Caveat, the trouble with free advice is you get exactly what you pay for

[born2trot]

Be interesting to see some of the learned, experienced responses.

 

There's a couple of points that might help a detailed response.

 

Who condemned the trees? Was there an application to local authority for removal of TPO'd trees? Did the response to the application approve removal and direct that replacements were required? Did it specify what the replacement should be - age, species etc and did it detail anytime frame on actively nurturing and protecting the replacement?

 

Those are some of the questions if ask before venturing a response, there may be other practical / legal points others might ask

 

Watching with interest!

Kevin , there was no response to this posting which was why i responded in the first place . I will find out tomorrow what fines are in place over here . I think the questions you raise are irrelavant tbh , in the commercial world and the real world just make sure something else gets planted ..

[kevinjohnsonmbe]

Replant is a necessity as it a condition. The new tree also takes on the tpo. What you could do is ask if different trees be considered if they aren't deamed appropriate but would need sound reasoning.

 

I'm not sure OP specified that it was a condition? Maybe it was just my reading of the post? Was it a condition or was it an expression of opinion?

[SiW]

Here's the real question. The trees gone, what can they do?