Advice on this

[geoff]

No matter how hard you pull that back it will be a problem again within 3 to5 years, I would advise removal and replant with something slower growing and economic to control.

[daltontrees]

I have worked on a few. Around Glasgow almost every open-grown Gunnii was damaged badly by a cold winter in 2009, and many were finished off by another cold winter in 2010. I couldn't prove it but the ones that fared better had vigorous growth beforehand and a decent crown size. I'd go further and speculate that those that had been topped before and re-grown had relatively thick stems for their crown volume. A few did come back with juvenile foliage but these struggled for a year then gave up.

 

I can't see from the pictures but yours looks like it's been 'done' before. A long cold winter is being forecast by the Met Office, so cutting back hard now won't leave the tree much chance.

 

Personally I wouldn't be suggesting that the pruning required by the client is anywhere near best-practice, but since it has been ordered by the Council there are few alternatives. Leaving the protion of crown that is behind the lamp is a possibility, encouraging the tree to grow inwards into the garden. But maybe they want a more compact tree anyway, so cutting it back is what should be done. If you can leave long stubs on each substem rather than taking it back to one big knuckle it might be OK. What was the old rule of thumb, a length of 3 to 4 times the diameter of the cut substem?

 

Maybe just warn the customer that there is a significant chance of the tree not fully recovering?

[kevinjohnsonmbe]

Interesting.

 

Is the tree owner a willing party to having the tree cut back or are they feeling compelled to do so as a result of liaison (is it written or verbal?) and threat of financial penalty from the council?

 

Difficult to see from the pictures and without your knowledge of traffic flow etc, but does it really represent an obstruction to light from a public lamp? If so, by how much? Is it a public lamp? As mentioned earlier, is the lamp in someone's garden? Does that classify as a public lamp?

 

Interesting to see if the council are confident enough to progress to serving a notice.

[treesrus]

massive reduction will result in massive regrowth leading to further reduction in a few years time, on a repeating cycle. much better, if the customer wants to keep thetree, is crown lift to clear the lamp, and then subsequent pruningto encourage the regrowth to persist at a higher level.

[daltontrees]

As far as I can see, unless the Council cuts a tree back form a lamp due to imminent danger there is no financial penalty for not complying with a notice.

[kevinjohnsonmbe]

That's what I was thinking....

 

It would have to "...obstruct or interfere with the view of drivers of vehicles or pedestrians, or the light from a public lamp...." in order to warrant a notice under s154(1) of the Highways Act 1980

 

http://www.legislation.gov.uk/ukpga/1980/66/section/154

 

It looks, from the pictures, like a quiet residential road. Difficult to state categorically how much light is being lost and the hazard that the (estimated) light loss might cause.

 

Maybe a bit of pole pruning around the lamp but it looks like a bit of strong arm tactic from LA? Anything in writing?

[daltontrees]

That's what I was thinking....

 

It would have to "...obstruct or interfere with the view of drivers of vehicles or pedestrians, or the light from a public lamp...." in order to warrant a notice under s154(1) of the Highways Act 1980

 

http://www.legislation.gov.uk/ukpga/1980/66/section/154

 

It looks, from the pictures, like a quiet residential road. Difficult to state categorically how much light is being lost and the hazard that the (estimated) light loss might cause.

 

Maybe a bit of pole pruning around the lamp but it looks like a bit of strong arm tactic from LA? Anything in writing?

 

Not quite what I was thinking, the Highways Act doesn't apply in Muirhead. We don't even have highways up here, we have 'roads', and the legislation is the Roads Scotland Act 1984 and unlike the english Act it doesn't allow for the recovery of costs.

 

Where a hedge, tree or shrub overhangs a road so as to ... (b) obstruct or interfere with ... (ii) the light from a public lamp ... the roads authority may, by notice served either on the owner of the hedge, tree or shrub, or on the occupier of the land on which it is growing, require him within 28 days from the date of service of the notice to carry out such work on the hedge, tree or shrub as is necessary to remove the cause of danger, obstruction or interference.

 

I just noticed the word 'overhangs', so if the tree blocks a street lamp that is not within the public road, it cannot come within the Act because it does not overhang the road. Strictly speaking ...

Edited October 26, 2015 by daltontrees

[kevinjohnsonmbe]

Not quite what I was thinking, the Highways Act doesn't apply in Muirhead. We don't even have highways up here, we have 'roads', and the legislation is the Roads Scotland Act 1984 and unlike the english Act it doesn't allow for the recovery of costs.

 

Where a hedge, tree or shrub overhangs a road so as to ... (b) obstruct or interfere with ... (ii) the light from a public lamp ... the roads authority may, by notice served either on the owner of the hedge, tree or shrub, or on the occupier of the land on which it is growing, require him within 28 days from the date of service of the notice to carry out such work on the hedge, tree or shrub as is necessary to remove the cause of danger, obstruction or interference.

 

I just noticed the word 'overhangs', so if the tree blocks a street lamp that is not within the public road, it cannot come within the Act because it does not overhang the road. Strictly speaking ...

 

[bazoo132]

Guys thanks for all the advice. Here are some pics I took tonight to show how much light it covers. 😉

[Cheesy pete]

I looked into it. There was an agreement between the developer and the Local authority for the LA to adopt. If the client doesn't get it done the LA is going to do it and contra - charge the client. Unfortunately the lighting column is in their neighbours garden. Confused? I am.

 

its call a service strip which is a strange issue but one i deal alot in as i do highway street lighting basically they can't do a thing about as the srevice strip should of been kept clear at all times you find not only street lighting feeds in there but gas and and other services it's almost like they don't own the land