Deadwooding a tree in conservation area

[skyhuck]

Assuming your tree is in England as the current 2012 Regs. only apply there. If in Wales they still operate the 1999 Regs but whilst dead-wooding is generally accepted to be an exempt activity its worth confirming such with the LPA.

 

Skyhuck, can't you also remove a (clearly) 'dead tree' without notification, albeit obliged to replace?

Cheers..

Paul

 

Yes, BUT proving it was definitively dead could be an issue, by submitting notice you are giving the LA an opportunity go see for themselves, if the chose not to I feel you would not have the same burden of proof after the event.

[AA Teccie (Paul)]

Yes, BUT proving it was definitively dead could be an issue, by submitting notice you are giving the LA an opportunity go see for themselves, if the chose not to I feel you would not have the same burden of proof after the event.

 

Fair comment, I guess it depends, to some extent, on the degree of 'deadness' and your local LPA TO preferences. The '5 day notice' might be an alternative under certain circumstances possibly

 

Cheers, n hope you're well.

Paul

[AA Teccie (Paul)]

Hi all, just thought it might be useful to clarify things here (mainly for my benefit of course )

 

The Regs. covering Conservation Areas are Reg. 15 BUT refer in the first instance to 'exceptions' for TPO'd trees detailed in Reg. 14, hence:

 

What are the exceptions for work on dead trees and branches?

 

Unless work is urgently necessary because there is an immediate risk of serious harm, five working days prior written notice must be given to the authority before cutting down or carrying out other work on a dead tree. The authority’s consent for such work is not required.

 

The exceptions allow removal of dead branches from a living tree without prior notice or consent.

 

Also of interest:

 

What is the exception for work on dangerous trees and branches?

 

Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. Work should only be carried out to the extent that it is necessary to remove the risk.

 

Hopping this is useful

 

Cheers all..

Paul

 

PS The above is applicable in England ONLY.

PPS Why now 'exceptions' rather than as previously 'exemptions'? The best answer I can get is it helps to differentiate the 'new' Regs from the old....reasonable perhaps (albeit everyone still refers to exemptions...ah well.)

[treebloke]

 

Skyhuck, can't you also remove a (clearly) 'dead tree' without notification, albeit obliged to replace?

 

Cheers..

Paul

 

I thought the obligation to replace was only for a tree subject to a TPO and not Conservation Area?.

[swinny]

I thought the obligation to replace was only for a tree subject to a TPO and not Conservation Area?.

 

Exactly Bob

[AA Teccie (Paul)]

I thought the obligation to replace was only for a tree subject to a TPO and not Conservation Area?.

 

Nope...this is the guidance for trees in Con. Areas

 

When must replacement trees be planted?

 

If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. The duty attaches to subsequent owners of the land.

[skyhuck]

Nope...this is the guidance for trees in Con. Areas

 

When must replacement trees be planted?

 

If a tree in a conservation area is removed, uprooted or destroyed in contravention of section 211 of the Town and Country Planning Act 1990, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can. The same duty applies if a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm. The duty attaches to subsequent owners of the land.

 

This however does not mean a replacement tree is all that's required, trees in a CA have the same protection as a TPO'd tree, so felling without notice could lead to prosecution and a heavy fine.

[AA Teccie (Paul)]

Hi

 

Just for a bit of clarity. There is no degree of deadness. It's either dead, or its alive. Degrees of deadness smacks of the word "dying" from the old dead dying and dangerous exemption.

 

If it's dead wood in a living tree you can remove it without any notice, but its always nice to get the heads up.

 

If it's a dead tree, then 5 days notice must be given to the local planning authority (LPA). Then, unless the LPA say otherwise, a replacement must be planted.

 

If the tree, or part thereof is at imminent risk of causing serious harm, you must serve notice on the LPA of the intended works as soon as practicable after they become necessary. What works are necessary will vary with the hazard, but it doesn't always mean the whole tree has to be felled. If it is, then, unless the LPA say otherwise, a replacement must be planted.

 

The above is the same whether the tree is in a conservation area or protected by a TPO.

 

Ed

 

Ed, thank you, very succinct.

 

Paul