Large horse chestnut removal

[NoRush]

I've been asked to quote to remove a LARGE dead standing horse chestnut for a local parish council and have just found out they rent the land from the local farm estate. Is the council responsible for the tree or the land owner also how long should it take for the council to remove a tpo on a dead tree. Any help/advice greatly appreciated

[Starscream]

In my experience the tpo on a dead tree for is defunct. Twice now my customers were granted permission to have it felled straight away as they posed a risk to the public. Also would say that it is the responsibility of the land owner not the one who rents it. Example, if you rented a house and the roof needed replacing, it wouldn't be down to the tenant to deal with it.

[NoRush]

It is a risk to the public it's next to a play area but our county council are a little bit slow and lazy. I was thinking it was the landowners responsibility. Just checking

[Gary Prentice]

Responsibility for the tree may be determined in the lease.

[Gary Prentice]

Insist it does what?

 

Normally do it with a couple of thin screwdrivers, but it's easier with three hands

[Andy Clark]

In civil law, the occupier of the land is responsible for it's condition - and previous case law has deemed that the "occupier" is any party that is in sufficient control over the premises. This means that all parties subject to a lease agreement are in some way joint and severally liable - be it the landowner, the landlord, or the tenant, all have some part to play in the liability chain. Under criminal law, both the council and the farm estate, would have duties under the HaSaW Act and the MoHaSaW Regulations to do all that is reasonably practical.

 

As for the TPO, a Section 14 5 day notice should be served to the council to use the DDD exemption, and then work with the Planning Authority to get the No Objection processed pretty rapidly. Most local authority can turn round a No Objection notice the same day, so there is no reason why the tree could not be felled within 48 hrs, with a few tentative branches removed to ensure the tree is safe while the No Objection notice is being turned round.

[kevinjohnsonmbe]

Insist it does what?

 

Normally do it with a couple of thin screwdrivers, but it's easier with three hands

 

 

What happened here Gary? Have some posts been removed or are you on the beer early??

[kevinjohnsonmbe]

Would it be the case that the tree could be made safe with a 5 day notice and this may not be so full a permission as to allow felling. If felling is approved it could be conditioned with a replacement, whereas if left in situ (made safe) a replacement condition would not apply?

 

All questions not statements...!!

[Gary Prentice]

What happened here Gary? Have some posts been removed or are you on the beer early??

 

I was on Arbtalk on my phone, got a text message about re-assembling pistons rings and somehow replied to arbtalk instead of the text:lol:

 

Still don't know how.

[Andy Clark]

Would it be the case that the tree could be made safe with a 5 day notice and this may not be so full a permission as to allow felling. If felling is approved it could be conditioned with a replacement, whereas if left in situ (made safe) a replacement condition would not apply?

 

All questions not statements...!!

 

Yeah, of course. But in context of this being a dead tree next to a play area, I would hazard a guess that it's not something that wants to be left standing.

 

With a Section 14 Notice, you are informing the LA of your intent to do "whatever the work is". To which the Council can do one of two things - object, or not object. They can't put replacement notices or stipulations on their response to the Secion 14 notice. If they wanted to do that, they would have to object, at which point you would then have to go for an 8 week TPO works application - to which they could then give consent, with stipulations.

 

But the point being, find me an LA that's going to object when you tell them you're going to fell a dead tree next to a play area.