Dead tree with a TPO

[wicklamulla]

Went to price up felling/dismantling a tall Birch and a large old Chestnut which are both now dead but have TPO's on them, so is it a case of inform the tree officer of my intentions and do they simply take my word for it that they are indeed dead or do i simply carry on without any need to contact the council/tree officer ? Tanks in advance

[woody paul]

Inform tree officer / department at council office. Pictures are good if work is done ASAP.

[Paul Barton]

Exceptions relating to applications to carry out work on trees subject to a Tree Preservation Order | Planning Practice Guidance

[Chris at eden]

5 day exemption notices have to be submitted in writing unless the risk is immediate (e.g. hanging branch over the road) in which case you can provide info retrospectively. Remember the burden of proof for exemption sits firmly with you and the tree owner though. I would do it by e-mail and include photos and a plan.

[kevinjohnsonmbe]

Have you / customer considered removing "hazardous" elements only and retaining what's left as a (safe) standing stem?

 

Potentially cheaper for customer in work spec, retain dead tree = no 'replacement' condition on TPO approval and good biodiversity potential.

 

Could be an option to suggest?

[Gary Prentice]

5 day exemption notices have to be submitted in writing unless the risk is immediate (e.g. hanging branch over the road) in which case you can provide info retrospectively. Remember the burden of proof for exemption sits firmly with you and the tree owner though. I would do it by e-mail and include photos and a plan.

 

Exceptions Chris, they're called exceptions......

 

I'm telling David on Friday:001_tt2:

 

Just when you get the hang of the terminology, they go and change it.

[Chris at eden]

Exceptions Chris, they're called exceptions......

 

I'm telling David on Friday:001_tt2:

 

Just when you get the hang of the terminology, they go and change it.

 

 

Ooooooooooohhhh, looks who's doing the planning unit. I already got my diploma, so I can write any old rubbish now. A local tree surgeon was trying to tell me yesterday that deadwood isn't exempt any more cos you have to submit a notice. Missed the point I think.

 

Yeah I know, its like when Tesco give you just enough time to sus out where everything is and then move it!!!!! Most annoying.

[Chris at eden]

Have you / customer considered removing "hazardous" elements only and retaining what's left as a (safe) standing stem?

 

Potentially cheaper for customer in work spec, retain dead tree = no 'replacement' condition on TPO approval and good biodiversity potential.

 

Could be an option to suggest?

 

Nice idea but you would still have to replace it I think. The LPA could not condition it, but section 206 requires that trees are replaced if they have been removed, uprooted or destroyed either in contravention, or because they are dead or present an immediate risk of serious harm.

 

The LPA could argue that the tree had been destroyed in the interests of amenity by the works to stabilise its condition. You could try ignoring it and appealing the TRN but I doubt the PINS inspector would have much sympathy.

[kevinjohnsonmbe]

Nice idea but you would still have to replace it I think. The LPA could not condition it, but section 206 requires that trees are replaced if they have been removed, uprooted or destroyed either in contravention, or because they are dead or present an immediate risk of serious harm.

 

 

 

The LPA could argue that the tree had been destroyed in the interests of amenity by the works to stabilise its condition. You could try ignoring it and appealing the TRN but I doubt the PINS inspector would have much sympathy.

 

 

Interesting point to debate.

 

I'm going from memory and will re-read what lead me to think that way, but doesn't part of your reply support my thinking?

 

Condition if it IS removed, uprooted or destroyed.

 

Or to look at it the other way, if it ISN'T removed, uprooted or destroyed (but retained in a safe state as standing deadwood) then a replacement condition is not applicable?

 

If I interpret your reply correctly, if the suggestion is that LPA would argue that the "amenity" has been reduced by removing deadwood, the tree still remains and the TPO applies to the tree not to the subjective assessment of it's "amenity?"

 

Not trying to be contrary, genuinely interested in your opinion Chris!

[Chris at eden]

Interesting point to debate.

 

I'm going from memory and will re-read what lead me to think that way, but doesn't part of your reply support my thinking?

 

Condition if it IS removed, uprooted or destroyed.

 

Or to look at it the other way, if it ISN'T removed, uprooted or destroyed (but retained in a safe state as standing deadwood) then a replacement condition is not applicable?

 

If I interpret your reply correctly, if the suggestion is that LPA would argue that the "amenity" has been reduced by removing deadwood, the tree still remains and the TPO applies to the tree not to the subjective assessment of it's "amenity?"

 

Not trying to be contrary, genuinely interested in your opinion Chris!

 

 

No worries mate, its a good debate.

 

My view would be that the tree had been destroyed in terms of its visual amenity by having the crown removed with no chance of re-gen to replace as future amenity. Remember destroying a tree in TPO terms is more about visuals than obliterating the tree.

 

I dont think you could condition it but the TO would be pretty stupid to process it as an application. If it was me, i would write back saying i accept your application as your 5 day written exemption notice and that you could proceed. I would then say that as the amenity of the tree had been destroyed by the works, you are required to replace in accordance with 206 blah blah blah.

 

I dont know of anyone testing it so i could be wrong but i've been through a few planning appeals and i dont thinks the inspector would support an appeal against a TRN in this instance. Its just not the intention of the legislation in my opionion.