daltontrees

There are two questions in the original question. The first is, is this the right policy for the Council to adopt and apply consistently? That's what everyone seems to be talking about in this thread. The second is (and please note that this is a different point form the first one), is the Council within it's rights to apply this policy to all TPOs. Andy Clark is the only one so far that seems to have alluded to this version of the question. You might think I am just being my usual pedantic self but hopefully people can see that if the answer to this question is no or in fact anything other than yes then the first question doesn't matter. The legislation says that Councils can make TPOs "If it appears to a local planning authority that it is expedient in the interests of amenity". That's all it says about the purpose of TPOs. And I mean that's ALL! The things you can't do are listed in the Act (e.g. Lopping, Topping, Cutting Down etc.). Exemptions for circumstances are listed in the Act and the Regulations (e.g. Abatement of Nuisance, Dangerous etc.). But nowhere does it say anything other than that TPOs are there to preserve amenity. The Guidelines are just, that, someone centrally interpreting what the Act means. They have no legal force. If anyone can point out anywhere in tehm that says Councils should publish and enforce policies that countermand the Act, plase tell me and I will apologise. It follows in my somewhat linear view of this that if any works are proposed and are a subject of a TPO application, the application should be considered on the grounds of the effect on amenity, nothing else. And even then, the effect on public amenity is paramount. What I mean is that the removal of limbs on a side of the tree that cannot be seen from any public area, as long as these works don't endanger the health of the whole tree (and therefore don't endanger the public amenity it will continue to provide) should be of no concern to the Council. So what right does the Council have to publish the rules that it will use in determining TPO applications. The answer is and can only be none. The Council would be within its rights to propose a policy that defines where it considers amenity to be an important issue, possibly even the species that it considers important and those that it doesn't. In the closely related world of Conservation Areas, this is exactly what happens when the Council draws up a Conservation Area Appraisal. It should consult on this proposed policy, if it doesn't it could nullify the policy. It should have due regard to representations about the proposed policy. The policy should then be approved, rejected or modified by the elected members, and then published following the appropriate Committeee hearing. In my experience what the Council has no right to do is the following (i) redefine amenity for its own purposes (ii) create a policy that has not been consulted upon and approved by elected members and (iii) draw up a set of arbitrary rules, however well intended, about how it will deal with future TPO applications. TPO applications are in very many respects like planning applications. If the Council decided in advance that it didn't like UPVC conservatories in south-facing back gardens and said that any future applications that had one of these in it would be rejected not only would they lose every planning appeal and then get costs awarded against them but they would soon bin the policy and fire the idiot that came up with it. Yet these tree policies appear to do just that, they are in danger of applying rules to applications that should lawfully be decided on their individual merits purely and entirely based on public amenity. I agree with Councils that take a consistent and firm stance on tree works. But the rule shouldn't be whether the works are necessary or unnecessary, it shoudl be whether the extent of loss of amenity from the works is acceptable. Rant over. I've had a cr*p day, sue me if I'm wrong! But I don't think I am.

No. 19

No. 18, I'd be surprised if anyone gets this one.

Cheers, just got a copy on eBay for £0.99.

If the big bold notice route is being followed I would think the right to deal with the tree (if the right exists at all) would extend only to removing the danger, not felling the whole tree. And for devilment the arisings should riughtfully be left on the land. MAy of course prevent the Council continuing to maintain it unless they remove the arisings at their own expense. So the potential client is not necessarily facing cost of felling and clear-up, rather the cost would be knocking off the dangerous limbs and leaving the stuff there. I have said it before but it still seems to em that if you do this the owner even if he does turn up has no quantifiable claim for damages.

No. 17

No. 16, see if you can get it without the foliage picture.

Answer No. 9 Ginkgo biloba, 2 points Answer No. 10, 1 point for Quercus 2 for Quercus rubra. Bark misleading, the continental population is apparently different (more rugged) to the British. Answer 11, Metasequoia glyptostroboides. 2 points if you managed to tell it apart from Taxodium distichum which has alternating branchlets, this one has opposite pairs.

Well spotted, numbers 12 and 13 should be numbered 14 and 15.

Thanks for the follow-up, luckily you have a sense of humour. At least now you know your landlord a bit better now and what his priorities are. I trust HE will replace the gutter.

Well, that saves me scanning it.

No. 13

No. 12

Answer No. 6 3 points for Paulownia tomentosa Answer No. 7 2 points for Buxus sempervirens Answert No. 8 2 points for Alangium and another 3 for platanifolia. To be honest I couldn't readily distinguish this from chinensis.

I see where you're coming from but it doesn't have knees. Try a closely related genus.

Let me be the first to show my ignorance. 'Jasper and Harry'?

What Sloth and others said plus look out for bats, nesting birds and anything else, protected species. Plus I would suggest read previous similar threads and you will pick up useful insights that will stand you in good stead in other situations.

No. 13 A granny re-stopper. Wouldn't have got this myself, had I been Linnaeus himself. Low points (1) for genus, big points (+3) for species.

OK for the lightweights, beginners and amateurs that couldn't get 9. 10 or 11 without foliage here they are. I'm only teasing, though, I had the benefit of seeing the whole tree so it's easy for me to say.

No. 12

You don't need any insurance to tender, you need it to do work. By lkaw you need employers liability. And if you have vehicles by law you need vehicle insurance. You do not need public liability, contractor's or professional indemnity. Any LA that doesn't insist on seeing EL proof is both unusual and foolish, bordering on negligent. Any LA not requiring PI is I think foolish, since if the contractor screws up and people are killed (compensation claims in the £millions) and the contractor turns out to be worth tuppence ha'penny, the claimants could turn to the LA for compensation. I've never worked for a Council or Housing Association that didn't insist on seeing the documents. The other side of that is that I couldn't comfortably do big tree work without insurance in place, I don't want to lose my house if I get sued following some freak accident.

No. 11 without foliage

No. 10 without foliage.

See if you can get the next two without the foliage. I wil add it later. No. 9.

I don't think they have strict obligation to remove risk, just the option to do so. Sorry, I am such a pedant, I can't help it really I can't. Highways Act says that if "any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and (b) that by reason of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath, the authority may" intervene. They don't have an obligation to do so. But I suppose if it was brought to their attention and the danger was clear and they didn't intervene and someone got hurt they would be complicit. I recall their first tack is to serve on the owner or occupier notice. If nothing is done or an appeal against the notice os unsuccesful they can take entry, remove the danger and recover the expense. They would have the problem of identifying the owner. If they couldn't they would know they won't get the costs back.