TPO & Conservation Area Questions.

[JosephD]

Hi

 

there are a couple of questions that i want to know in terms of tree law that i need clearing up on.

 

i know that is should know these questions since i am just starting in this industry but i just want to know 100% answers to these.

 

1.if a tree has a tpo and i fill out the application form and send it off how long can the council take to respond to you weather you can or cant work on that tree?

 

2.if a tree which has a tpo or/and a conservation area on it and is dangerous do you have to ring the council before you take it down just to let them know ? or do you just take it down straight away as soon as possible and ring the council after to tell them that you have taken it down?

[skyhuck]

You should receive a TPO decision within 8 weeks, but theres very little you can do if they take longer.

 

You should really give the council 5 days notice of your intension to fell a dangerous tree with the CA, however if its dangerous and likely to injure someone you should make safe immediately, but you will need to be able to defend your actions, taking pictures is a good idea.

[Chris at eden]

It is a legal requirement that all TPO's are determined within the statutory 8 week period. If they don't you are entitled to lodge an appeal with the planning inspectorate. (PINS) At this point the PINS will take over the application and determine it on behalf of the secretary of state. The first thing they will do though is write to the council saying that they have received an appeal. The will also tell the council that if they still wish to determine they can and to advise PINS if this has happened. The council may then determine the app or leave it to the PINS. Either way, speeds thing up. Remember CA's is a notice not an app so rules are different.

 

If you wish to fell a tree under exemption due to it being dead or dangerous the 2012regs states that you must submit your intention to the council giving them what is called a five day notice and this must be done in writing. If the danger is imminent you can make safe immediately and inform the council later but the burden of proof sits with you. Photos definitely a good idea. This approach should be a last resort and five days is the norm. And remember the exemption is to make safe, this may not always be fell.

 

Hope this helps.

[JosephD]

Thanks Guys!