Conservation area what the correct way to do it ?

[TMB]

I've just had a phone call from a chap who's had a limb fall from a tree and land on his garage it's in a conservation area if I get there tomorrow and it's dangerous am I allowed to fell ( if it can't be made safe ) on the grounds I feel it's a risk to property or personal damage or do I have to apply to the council ? This all stems from someone telling me the rules on dead and dangerous trees has changed

[skyhuck]

Take pic's and make safe, then inform the council.

[daltontrees]

I've just had a phone call from a chap who's had a limb fall from a tree and land on his garage it's in a conservation area if I get there tomorrow and it's dangerous am I allowed to fell ( if it can't be made safe ) on the grounds I feel it's a risk to property or personal damage or do I have to apply to the council ? This all stems from someone telling me the rules on dead and dangerous trees has changed

 

You can only do urgently want needs to be done. A dangerous branch doesn't mean fellignthe whole tree. The tree may now be safe because the only weak part (the branch) has already fallen off. Do as little as you have to, and record the evidence of why you had to do it. Then, as Skyhuck says, notify COuncil of intention to do anything more extensive.

 

The dead, dangerous etc. exemption does not exist any more, it has been replaced with a risk assessment basis. Guidance is available online.

[TMB]

Thanks for that guys I thought that was the case as I have not seen it yet I don't know a lot about the tree you know how people can be limb may well be small branch. But knowing I'm able to make safe and then advise on further work and apply for planning makes my life a bit easier thanks again

[Kenty]

I had a similar situation a few weeks back with a dead eucy & submitted a 5 day notice & tree officer replied saying we don't do that any more, you need to submit the intention for works in a conservation area but no other info.

Good to know now reading this that a risk based assessment is the correct procedure.

Good post

[AA Teccie (Paul)]

Verbatim:

Is a section 211 notice required for work to dead or dangerous trees in conservation areas?

 

Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority five days notice before carrying out the proposed work. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary.

 

See Exceptions relating to section 211 notices | Planning Practice Guidance for further guidance.

 

Basically I would advise taking photos, dealing with the immediate problem, the fallen branch, then assess the tree and either a 5-day notice if deemed immediate danger or Sect. 211 notice, i.e. 6 weeks, if not...unless deemed exempt by virtue of it being in a 'dangerous' condition...then it's back to the 5-day notice scenario.

 

Being informed, I would also recommend you speak to the LPA Tree Officer...particularly if a prominent tree, and out of courtesy anyway.

 

Cheers..

Paul

 

PS This is the requirement in England, and Wales (generally), but Scotland may be different as different regs apply.

[swinny]

Im sure i've got a tree on a 5 day notice to come out sometime next week...

[daltontrees]

PS This is the requirement in England, and Wales (generally), but Scotland may be different as different regs apply.

 

Hey, Paul, an exceedingly rare example on Arbtalk of someone apart from PITA-me recognising that the scottish situation is different.

 

Unlike England, the rule is not in Regulations, it's in the primary legislation. It is very simple. Nothing can prevent anyone -

 

"uprooting, felling or lopping of trees if ... it is urgently necessary in the interests of safety...". There is no 5 day notice procedure, but I'm sure a fancy lawyer would construe from the Act that you really ought to tell the Council "in writing of the proposed operations ... as soon as practicable after the operations become necessary".