Tree Preservation Order

[Chris at eden]

If you are going to go for it then you may wish to be sure that the job is worth £2500............

 

How are offences against a Tree Preservation Order enforced?

 

Anyone (my bold)who contravenes an Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority is guilty of an offence and may be fined.

 

Flowchart 6: Offences | Planning Practice Guidance

 

It could be worse than that I am afraid. £2.5k is for wilful damage only. If they decide that the works you have carried out have destroyed the a TPO'd tree as a visual amenity they may go for wilful destruction. This used to carry a max fine of £20k on summary conviction but that change earlier this year. Unlimited fines can now be given by the magistrates court for wilful destruction of a TPO tree. So in answer, no don't just go for it. The smart move would also be for the owner and contractor to take on responsibility.

[Chris at eden]

The answer to your question, in my view, is to ask the customer whose responsibility it is. There is precedent for contractors being prosecuted as well as or instead of tree owners. Advise the customer that notification is needed and ask him if you are to do it or him.

 

I came across one a couple of years ago where the LPA were actually going after the chap who climbed and cut the tree. Not the contractor, or the land owner. That was a new one on me.

[AA Teccie (Paul)]

I came across one a couple of years ago where the LPA were actually going after the chap who climbed and cut the tree. Not the contractor, or the land owner. That was a new one on me.

 

In a previous TO life our legal dept. took a prosecution primarily against the tree surgeon, as the "axe-wielder" (their description), and also the tree owner for "aiding and abetting" (or similar, can't remember the exact phrase.)

 

At the end of the day, and often not as simply as this...or is it, the 'professional' tree surgeon / arborist should be making the tree protection checks anyway and despite what the tree owner says. However, in so doing I would always inform them (the tree owner) of your intentions to make a TPO check which gives them the option to say "no thank you" and you'll probably then walk away.

 

Cheers..

Paul

 

PS The above prosecution was successful but small fry financially as it was wilful damage.

[kevinjohnsonmbe]

is it the owners responsibility to contact council or is it the arborist carrying the work to a tree ? By the way I'm not sure is the tree has a TPO in question but it's in a conservation area. The local council isn't open on a Saturday or Sunday which is when I intend to do the work .... Do I just go for it ?

 

Seriously?

 

Am I the only one thinking this has all the ingredients of a wind up?

 

If it's not, Bird, do you think you're adequately prepared for this??

[Bird]

I've taken on board on what all of you have said so today I rang the local council and luckily for me it hasn't got a TPO and it's just off being in the conservation area! Thank you for all your help!