Would you?????????

[welwell]

So, I've been involved with this case for a while now........

The Highways have ordered my client to fell 4 trees because they are lifting the pavements, the trees are protected TPO's and after lodging a second application to fell them the council have said NO, they are not to be felled, highways say they must be and the H&S outweighs any TPO that may be present.

I thought up until today that that was my last dealings with said trees and client, but now I know that the highways have served letters of intent saying the trees need to be felled and that they have had their legal team look at them and say we can fell the trees.........WITHOUT consent from the council!!!!!!

 

Would you take the chainsaw to these trees and risk the wilfull damage to protected trees rap?????????

 

HELP?????????

 

see old post http://arbtalk.co.uk/forum/general-chat/5044-joined-up-thinking.html

Edited May 6, 2009 by welwell

[skyhuck]

I'd get it in writing from the Highways and get on with it.

[arnoldbuchsassinger]

Get everything on paper, then inform the tree office of the decision made by the highways agency and the legals, if you have not already. one phone call could make a big difference.

[tommer9]

I'm with Huck on this one- get it in writing , get on with it, and highways should have the headache. MUST be in writing.

[Mac McLennan]

I think you (or highways) need to get planning consent from the 'local authority' IN WRITING.

[Treewarrior]

Highways order has priority over TPO. That's legal. As long as you have the notice from Highways you are in the clear.

[Mark Bolam]

Remember the original thread.

 

Do these people live on different planets?

 

In writing = arse covered IMO

[Tom D]

Thinking back to the "trees and the law" lecture I was at the other day for my tech cert, I think Highways law "trumps" planning law in this case so just get something in writing and go for it.

[skyhuck]

The law says that if trees are causing a "genuine" nuisance, (this is a legal term and does not mean things like taking your light) the TPO can be ignored.

 

I would say that a letter from the Highways stating they are causing "nuisance" is all you need.

 

This is my understanding of the law, I could be wrong.

[Nimby]

Any chance of any pics? I cannot believe that a LA would protect crappy trees in a situation like this.

 

Come spill the beans who are these idiots?