daltontrees

There are 3 tests and possibly a 4th. Is the location as close as possible to the original, within reason? Is the size as required by the condition (this is a matter of fact that can be checked by height and stem girth)? Is the species appropriate? The last is the hardest, because 'approriate has no defined meaning nor has there been any case law on it that might enlighten. I would advise a client to create a definition based on the amenity the previous tree presented and whether the replacement will do the same. This is probably mostly a question of scale (mature height and spread) but there may be limitations due to soil type and ground water and other factors like susceptibility of buldings to subsidence. The 4th test would be whether the Council has approved the replacement, in which case the other tests don't matter. I'd check with the Council..

In Soctland the Government has just agreed to a change to teh rules about woodburners and beoeat heating systems. A couple of years ago it became a requirement of new building warrant applicaitons that direct emission heating systems (basically, gas, coal and oil boilers) will no longer be acceptable. This included woodburning and peat burning systems. But as of last month after a consultaiton it has agreed to change the rules for wood and peat, allowing these. Initially the case was argued for rural and island communities, but the change applies now the the whole country.

Doesn't look like resinaceum to me, looks very much like adspersum. If so, mildly parasitic, will probably do for the tree eventually but not anytime soon. I've had one on the edge of a paddock recently absolutely covered in brackets. The solution is to reduce the height as early as possible so that you're not adversely affecting its ability to fight off decay too much but seeing off the risk of windthrow in the longer term. A height reduction might be cheaper than fencing.

Well, what a waste of time this has been...

I can't understand why digging between the roots and replacing with a CCS will help. That would definitely damage roots and remove rooting volume, albeit small. A CCS would have to go entirely over existing roots and soil. There will be roots present, GPR will only tell you where they are . You could find that out with an air spade. Any of these investigative methods will not be a solution they will only let you know if a solution is possible. You don't need consent to investigate root distribution, so however you do it you should possibly do it before you re-apply. There's always more to these situations than we are told, but essentially if the application is to build a driveway over a TPO tree roots the Council should not approve it unless it is satisfied that a solution is possible such that it can grant permission subject to realistic conditions. It shouldn't say yes you can have adriveway but you can't start until you prove to us that no damage will be done to the tree. So an appeal would come down to whether you have provided a workable solution, ideally one that represents industry best practice. Correct me if I'm wrong but it sounds like you don't yet know where the roots are (depth and position) and the solution sounds to me either unsatisfactory or at best dependent on very favourable (and unlikely to be so) root investigations. An appeal should cost nothing, you aren't allowed to provide new information at an appeal, but it will take time and might fail. We only know a fraction of the facts, so can't really advise on whether to appeal. Based on story so far, appeal doesn't sound promising. An appeal would probably take into account that this is not essential access, particularly if the garage has permission that doesn't rely on a new access.

Lucille!

It ahs me beaten so far. Not Holm Oak, not Arbutus, not Eucryphia, not Osmanthus, not P. lusitanica ...

Good article thanks

I thnink you are worrying about heave, that is to say the increase in volume of shrinkable clays after thirsty trees have been removed. Charmouth mudstone is part of the Lias Group which BGS flags as having potential for shrinkable clays. But the Charmouth Formation lithologies aren't particularly pure clays. Highly variable though, extends for a couple of hundreed miles. In advance of buying, get a few building insurance quotes, these may show up any local issues.

What's your point?

This looks like nutrient deficiency.

No License needed. Exempt due to s.9.(4)(d) of the Forestry Act 1967 but the felling needs to be 'immediately required" i.e. can't just do it as soon as you get planning permission, in case the development doesn't go ahead for any reason. To be on the right side of the law it should be felling that is part of a commitment to carrying out some aspect of the development that can't happen until the trees are out of the way. Also note, has to be 'required', not just desirable or convenient. If it's ony TPO consent you have rather than a planning permission for development, it's not quite so clear, but I cna't see any public interst being served by one public body (FC) preventing something that has been legitimised in pari materia by another public body (Council).

Unfortunately there is case law that would support your neighbour's position. If the Council TPO'd it to prevent felling, it would become partly responsible for the damage too.

Ye she planned to make a TPO application. But why? It's only needed for works to a tree, or at apush for works that may damage or destroy a tree. Shouldn't need an application, I'd go as far as to say the LPA shouldn't accept an application for anything that is designed not to damage.

Not enough info. Is there a tree preservation order or conservaiton area. What size of tree (stem diameter, height crown speread)

It's important, if the guy is getting paid to give professional advice to a client then the standard is very much higher than if he's being asked to put a driveway in. It would definitely affect the way I would comment.

A client? Are you only being paid to advise the client?

No-one has asked what species they are! That's what I'd want to know. For example if they're Lawsons Cypress then phytophthora's probably the cause.

I am in Scotland, different laws. Hopefully someone down there will advise. Itsa a very vague question though, I don't think I would even tackle it if I was down there.

No special care. Trees are at their best when people leave them alone. But the sycamores will get big, then bigger and eventually will outstay their welcome. Neither sycamore nor cherry are good hedge species, so don't bother trimming, maybe just prune back every 2 or 3 years.

not clear photos. Looks liek sycamore with cherry to right. No such thing as 'classified as a hedge', depends on purpose. High hedge legislation might say one thing, title deeds might say another.

I believe the only part of the palnt that isn't poisonous is the arils (berries).

Can it really determine diameter to 1mm precision and height to 0.1m?

I see it being used in topograpic surveys for development sites (DTMs). A colleague fantasises about it being able to mark the posiitons and measure the heights. crown spreads and stem diameters of all the trees on a site, but I'm not sure it's realistic or cost effective (yet). I got someone to use it in my previous job to create a 3D model of a town centre I was working on.

No. There is a limited time for challenging the Order in a court (name of court depends on what country you are in, eg England it's the High Court) purely on a point of law. So if you think the Order is unnecessary, don't challenge it. If you think the Order or procedures did not follow the rules, an expensive challenge is possible. But bear in mind, if the Council slipped up and a challenge succeeded, the Council can simply start again and do it right second time around. The system is stacked in favour of Councils bcause courts won't interfere in Council discretion about what is merited, and a legal challenge would be really very expensive, probably well into 5 figures if it went to hearing.