What constitutes a 5 day notice

[Gray git]

What is the actual wording that turns a standard concivation area application into a 5 day notice removal?

 

We have just looked at a very large Cyprus in a active graveyard that is 3 stemed at around 14ft, 1 has failed an smashed some remembrance stones and torn the stem and left several large hung up branches. I had the planning offices out to look at it nd they agreed that a removal would be passed but insisted it go's the full 6 weeks when I think if they agree to it being taken on safety grounds why carnt we just crack on nd get it done as the church are papping themselves someone gets hurt while visiting the remembrance area but don't want to barrier it all off aa feel that would be rather insensitive to relatives wanting to visit.

 

Dryad Arbor-Artists | Tree Surgeon Darlington

[Chris at eden]

You can only use the five day notice for dead trees or for situations where there is an immediate risk of serious harm, for example the hanging branches. You can't use it just because the tree is declining, not unless the risk is immediate.

 

Cheers

[inthewoods]

Sounds like an immediate risk to me! Can't believe they're not condoning the area off... Has it been made 'safe' apart from the hangers that is?

[inthewoods]

*cordoning the area :sly:

[Gray git]

Nope, nothing done at all.

My view is a decent bit of wind will being down another of the tops due the now damaged/compromised union where 1 has torn out.

 

Dead tree, easy to interpret

Dangerous, well that's open to opinion I guess but is there any definition within the tpo regs to define this?

 

http://www.dryadarb.co.uk

[swinny]

Take some pictures and make sure customer is of the same opinion also then take the bugger out. Sounds like your dealing with plonkers at the council

 

Comprimised stem / union. Its used to having the mechanical stress and form of theee stems. Next bad wind it could just peel it like a bananna. Not good inna frequently used and sensitive area. The damage could cost thousands. Head stones are expensive and knowing it poses a risk and council not leting you sort it straight away is disrespecrful

Edited August 3, 2016 by swinny

[IronMike]

No surprise which Council this is John?! Bloody crackpots.

[Chris at eden]

Dangerous, well that's open to opinion I guess but is there any definition within the tpo regs to define this?

 

Dryad Arbor-Artists | Tree Surgeon Darlington

 

 

There is no exemption for dangerous and that is why, its open to interpretation. The exemption is 'an immediate risk of serious harm'. Such as a hanging branch, a partial root plate failure, a split compression fork. Something which could fall without warning. Its not, oh it could fall if its windy in a few days. It would need to be, it will definitely fall in wind and may before then anyway. Its not the council, that is what the regs say.

 

I've processed these for the LPA and what I would do is say no its not exempt but submit as a 211 notice and I'll sort it in a couple of days anyway. That way you are dealing with the risk while not side stepping the regs and leaving yourself open to criticism. Not rocket science is it. The LPA should prioritise apps and notices based on risk anyway, not simply timeframe.

[Chris at eden]

If you think it will fall before the six weeks put the five day notice in anyway and see what they do. If they refuse to allow the exemption you would be putting them on notice and the submission could still be considered to be your 211 anyway so the ball would be rolling. Also, if there is a risk they should cordon off. If they don't that is just irresponsible.

[Gary Prentice]

The LPA shouldprioritise apps and notices based on risk anyway, not simply timeframe.

 

Oh for a perfect world:biggrin: