Working on TPO's

[Andy Collins]

Combined fine was imposed locally here last year of around 26k for felling a tpo oak. Case ended up in Crown Court i believe.

[Lou]

does anyone know the actual fines that you are likey to get if you work on a tpo?? cus i've heard several different figures from several different people, form £1,000 - £25,000

 

It can be up to £20,000 per tree. LA can also claim back legal costs and offender may have to pay for replacement trees....

 

Lou

[alex_m]

A local firm was fined around £25,000 for taking down a protected oak. woops.

 

edit: may be the same tree as a.collins post above ^^

[Nimby]

A company not a million miles away from us got done last year for cutting some TPO'd trees down on a building site without permission, it was around £5,000!

 

They fined the building company as well but not as much, as the 'professional' we will end up with the biggest of the fine if you do get caught doing something you shouldnt (dont completely agree with that tbh!)

 

Just last week had a guy come up to me asking "If I could whip a tree down for him" knowing it would be a bit dodgy (lots of TPO's + its a conservation area) I said I would come and give him a price but I cant do it today. His reply was "Are you err bothered if it has one of those orders on?"

 

replied "Well yes we could end up with a big fine and a nice black mark against our name with the LA so er no thanks"

Guy promptly stormed off!!

 

No doubt got the local Gypo to sort it out

 

So if in doubt check, its just not worth it.

 

Did you contact the LA and advise that this conversation took place? The LA might have enough time to speak to the "guy" and do enough to save the treee.

 

Also, if the tree is felled illegally they would be in for a heftier fine than normal if they had been warned or reminded about the TPO.

 

Once a tree is gone - it's well gone.

[janey]

does anyone know the actual fines that you are likey to get if you work on a tpo?? cus i've heard several different figures from several different people, form £1,000 - £25,000

 

Depends where the case is heard. The level of fine imposed by a Magistrates court is fixed at the max of £20,000. If a case goes to Crown court, then the level of the fine is unlimitted. The Judge will take into account the "value" of the tree, any financial gain made by the removal of the tree, eg - the profit made on a new house where the tree once grew, and add this to the statutory amount.

 

Can add up to serious amounts of money.

 

Although it was designed more as a tool for the insurance (subsidence) industry, CAVAT is very useful for getting a quick valuation of any tree in these cases.

[Mesterh]

Did you contact the LA and advise that this conversation took place? The LA might have enough time to speak to the "guy" and do enough to save the treee.

 

Also, if the tree is felled illegally they would be in for a heftier fine than normal if they had been warned or reminded about the TPO.

 

Once a tree is gone - it's well gone.

 

No I havent spoken to the LA about it for a couple of reasons.

 

1. I dont know the guys address and I sure wasnt going to follow him down the road to find out.

2. I have once informed the LA about some TPO'd trees that had some very bad work carried out on them and I dont think anything came of it.

3. When the LA play ball I might too. (asking for applications on DDD trees and dead wooding, pffft)

 

I doubt it was much of a tree since he was suggesting I just went round there and did it there and then.

 

Been asked loads of times in the past to work on TPO'd trees without asking permission have ALWAYS said no though.

[Amelanchier]

Don't forget that the guy who doesn't want to live by the law sure as hell ain't gonna loose any sleep over not paying you when you've finished.

[Amelanchier]

Y'know technically, the LPA could request that the Police sieze any equipment used in the commiting of a crime under the The Criminal Justice and Police Act 2001.

 

Bye bye chipper / tranny / chainsaws / climbing gear... (Technically!!!!)

 

Also - its an offence to attempt to commit an offence so trying to do unauthorised works / wilful damage to a TPO tree can land you with a fine, even if you don't succeed!

Edited April 29, 2009 by Amelanchier

[Nimby]

No I havent spoken to the LA about it for a couple of reasons.

 

1. I dont know the guys address and I sure wasnt going to follow him down the road to find out.

2. I have once informed the LA about some TPO'd trees that had some very bad work carried out on them and I dont think anything came of it.

3. When the LA play ball I might too. (asking for applications on DDD trees and dead wooding, pffft)

I doubt it was much of a tree since he was suggesting I just went round there and did it there and then.

 

Been asked loads of times in the past to work on TPO'd trees without asking permission have ALWAYS said no though.

 

What's wrong with your LA? They should 'Play Ball' and besides DDD trees and D/Wood are exempt form the application process. Just record what you are doing or removing with pictures/photos. Sound's like your TO is hard work.

[Rowden the cowboy]

I heard that they had made the fine unlimited now to try and hit building companies harder, as what is a £20,000 fine to a builder with a multimillion pound development? Often they will just absorb the cost of the fine, there may even be some that would budget for a fine for felling protected trees!