TPO tree taken down with out consent

[skyhuck]

Not true ,it depends on the council we had a similar scenario when we took down 3 dead ash trees 30foot tall ,my wife asked the client if any TPO or conservation area reply was no turns out it was a conservation area again no photographic proof but major decay in all three coppice stools .i wrote explained and admitted we should have given 5 days notice.

The Tree officer sent out a caution I asked if the owner and her agent would receive the same he said no as it was there policy to Always caution the contractor and not the homeowner,at the time of felling we replanted 3 trees as part of the job Limes but we were told to remove these by the owner on advice from the tree officer as Limes should not be planted near pond or water total rubbish.

I know I was in the wrong and admitted it and this was a first in 28 years of trading ,I'm old school and trust clients to be straight but not any more!!

 

So you basically accepted what amounts to a conviction for felling 3 DEAD trees in a CA?????? WOW

[Chris at eden]

Well I am sure you know where I am coming from on this one and therefore have strong beliefs. However, a good lawyer and magistrate who is in touch with reality can often shine through so to the guy who started all this, good luck.

 

Spot on mate which is why I don't think you can or should prosecute just for the sake of it. Lawyers aren't stupid and would pick apart your case in no time.

[kevinjohnsonmbe]

Hi Jules,

 

 

 

Can councils not prosecute contractors up your way then? down here yes. They was a fairly high profile one last year in Poole. House owner got hit for 150k ish, tree surgeon for about 2k. That was basically cos the house owner had made the bigger gain or so I am told.

 

 

If as reported in the press was true (big if!), householder was hit for a "proceeds of crime" penalty on top of TPO penalty because of the increase in value to the house by removing the tree and gaining a sea view from the hot tub!

[Chris at eden]

If as reported in the press was true (big if!), householder was hit for a "proceeds of crime" penalty on top of TPO penalty because of the increase in value to the house by removing the tree and gaining a sea view from the hot tub!

 

That's about what I heard. Apparently the chap is in prison now as he refused to pay, or so I am told. With the replacement tree the courts also went like for like so he has to plant huge thing that will be brought in by crane so another 50k there then. Ouch!!!

[kevinjohnsonmbe]

That's about what I heard. Apparently the chap is in prison now as he refused to pay, or so I am told. With the replacement tree the courts also went like for like so he has to plant huge thing that will be brought in by crane so another 50k there then. Ouch!!!

 

That'll smart! :thumb up:

 

 

Alternative, a soapy shower with bubba.... I'd have tried harder to find the money!

[Philip Anderson]

So you basically accepted what amounts to a conviction for felling 3 DEAD trees in a CA?????? WOW

 

Yes I suppose so ,this tree officer had an agenda anti contractor, interestingly enough on a conservation area consent just given he asks for a replacement tree on a tree were only deadwooding no chance .

The caution is only on their file not police ,I accepted cation because I didn't want to drag my wife through interview etc he knew that as others have said the standard of tree officers varies greatly from area to area.

[skyhuck]

Yes I suppose so ,this tree officer had an agenda anti contractor, interestingly enough on a conservation area consent just given he asks for a replacement tree on a tree were only deadwooding no chance .

The caution is only on their file not police ,I accepted cation because I didn't want to drag my wife through interview etc he knew that as others have said the standard of tree officers varies greatly from area to area.

 

He sounds like a right tosser:thumbdown:

 

I've met a few over the years who have be right little Hitlers, just love throwing their weight around and trying to convince you their powers are far greater than they actually are, I tend to treat that sort like mushrooms

 

Fortunately my local TO's are very good.

 

Why did you give notice on dead wooding in a CA, its not required.

[Chris at eden]

That'll smart! :thumb up:

 

 

Alternative, a soapy shower with bubba.... I'd have tried harder to find the money!

 

[Philip Anderson]

He sounds like a right tosser:thumbdown:

 

I've met a few over the years who have be right little Hitlers, just love throwing their weight around and trying to convince you their powers are far greater than they actually are, I tend to treat that sort like mushrooms

 

Fortunately my local TO's are very good.

 

Why did you give notice on dead wooding in a CA, its not required.

 

It was part of a spec on 15 trees so to cover ourselves really,including taking out 2 dead trees and 1 removal to allow a neighbouring tree to develop ,you've guess it he wanted replacements for them all ,you can ask but it doesn't mean he'll get.

With regards to Tree Officers I agree most are fine but some build empires and one was even referred to as a 'Tree God' by a tree wardens group locally I am now kneeling and bowing!!

[Adam M]

Are they visible on Streetview? If they are, that 'may' help your case, depending on how long ago the camera car went around, what time of year and how clear the pic is. It's a long shot, but would be better than nothing.