AA Teccie (Paul)

Hi folks, Just something I pulled together which might be of interest/use (posted with the caveat of being 'my' interpretation rather than a legally definitive one.) Apologies if this repeats any previous post. Hope yer all well n enjoyin the sunshine. Cheers.. Paul T.P.O. new regs 2012..pdf TPO Regs. 2012.doc

Thanks goodness he's okay...ish, and hopefully will be able to return to work when he's good and ready. Perhaps then, if there are any lessons to be learned to better protect everyone, we could hear more. In the meantime take it easy and hoping for a 'speedy recovery'. Cheers.. Paul

Hi Nige, under the circumsatnces it seems perfectly reasonable to me that the Housing solicitor wants a report, i.e. your professional opinion on the condition / state of the tree. Hence I think you are 'duty bound' to send a report, and why not, you've nothing to hide and, under the very unfortunate circumstances, you've been subject to bad luck IMO. The blame is one thing, and clearly there is much scope here for a message to get diluted or lost all together, but unfortunately IF (and in many instances they don't, sending a letter of caution instead) the LPA choose to prosecute they usually aim it principally at the 'axe-wielder' and then seek to prosecute others involved as 'aiding and abetting', or similar. In this regard I would be wholly cooperative and remorseful to the LPA. In terms of likley outcome, difficult to say, but LPAs don't usually prosecute unless there's a clear public benefit in so doing. I know this is open to interprpetaion but this, from what you've said, seems a genuine accident / misunderstanding, and I would hope the LPA would be reasonable, and they usually are. In summary, co-operate and make sure you get the opportunity to explain directly to the LPA your side of the story (in parctice this may end up being an interview under caution, whihc is a bit daunting, but just be honest and open.) Good luck and try not to worry too much as these things often run for months..! Paul

Hi Alex, thanks for posting. Is there anything I can help with, in terms of answering questions or concerns, whihc might get you nearer that 100%? Cheers.. Paul

Hi Rupert & David, THANK YOU for your posts here, and indeed others who have done so, and I'm really pleased to hear the approval is already bringing new enquiries, great news..! Thanks for supporting the ArbAC scheme and I hope to see you soon. All the best.. Paul

Fantastic news with another 5 new small businesses achieving 'ARB Approved Contractor' status..! 1. Ian Trueman Specialist Tree Services - Chesterfield 2. Hillfort Tree Care (Mark Ashman) - Melton Mowbray 3. Landscape Maintenance Services (Simon Kirkland) - Ashbourn 4. Greencut Horticulture (Navin Sehmi) - Kent 5. Tag Trees (Mark Carey & Gavin Evans) - Kent Congratulations all and I sincerely hope the 'ArbAC' accreditation serves your businesses well. Thank you for supporting the scheme. Paul

Hi Andy, I reckon more people, contractors not really the public, know about CHAS as: 1. I've mentioned it here before 2. Increasingly contractors, inc. many construction related, have the logo on their vehicles 3. Increasingly clients, in the commercial sector (AKA 'service buyers'), are requiring it at the pre-qual stage 4. It's a H&S scheme is probably as far as the understanding goes in many instances Interestingly as I mentioned previously I was with a group of contractors at Easton College on Tuesday, none of who were CHAS and none said their (commercial) clients required it....this is certainly not the case nationally! Cheers.. Paul

Fair comment, and something whihc is forming part of the considerations, i..e a 'common' base logo representing the organisation but with different footers, i.e. Member / ArbAC / RC. Of course most, if not all, ArbACs & RCs would alos be entitled to use 'Member'. Not pre-empting any outcomes of course. Cheers.. Paul

Hi Andy, hope yer well. Thanks for yer post, and indeed Sloth earlier (thank you), and I'm not going to interrupt the debate about whether or not AA membesr should be entitled to display the logo...what I would add to that tho is that most ArbAC managers are also members and hence would ahve the opportunity to display 2 logos. Anyway, on to my point. On my many hundreds of miles travelling each week, inc. Easton College this week to meet some very nice chaps (thanks fer coming along if yer reading!) I see many different Association / accreditation logos on contractors vehicles AND, with the exception of 'GAS SAFE' (CORGI) and NICEIC (electricians) I don't recognise any of them, but then why should I, they're trade associations etc. I say this as a homeowner, as well as an accreditation scheme manager, and I wonder hwo many homeowners check their landscapers are BALI members etc. etc. I've struggled with this for far too long and we've been interviewed prevoulsy by BBC researchers etc. with promises of a mention on Rogue Traders but it never happens. The only organsiations the general public know about is the FC, as the gov dept for trees, perhaps The Tree Council (as a charity who get much profile for tree planting nationally) and of course RHS because of the many RHS properties signposted up, down and across the country. To conclude, realistically, we're never gonna become mainstream and the first point of contact for the public and trees (in fact we withdrew that service approx. 18 months ago as it swallowed up far too much of our time being consumed by neighbours complaining about nearby trees, council & private, for too mnay hours in the day.) The message is down to the contractors, consultants and maybe soon members, to inform the general public about the Association and their position within it...our role, I beleive, is to give them the necessary literature etc. to enable them to do so effectively. SORRY, another 'verbose' Paul post, still not done one fer a while. Take care out there all.. Paul

Sounds like an attempt to secure some replacement planting maybe, or hoping for some good regrowth, OR acting under (local) political influence.

1. LPA - landscape condition (usually considered 'defunct' after 5 years) is an option 2. Private covenant, as Bob says, placing restriction on what a property owner can, or cannot, get done without paying a fee to a fimr of solictors who usually buy them up to cream off permission fees (I had to get one to convert my garage to an office...'the garoff', and it cost me £90...aghhhhh!!!!) 3. No other restrictions I'm aware of. Cheers.. Paul

...ONLY if what you were measuring were 'trees'! What is a tree then? Blue Book says "But for the purposes of the TPO legislation, the High Court has held that a 'tree' is anything which ordinarily one would call a tree." Would you really call a Laurel hedge a line of trees even if they were over 75mm dia??? I honestly doubt their legal dept / planning enforcement would be prepared to chance it. Sos if this is 'old hat' and 'yawn, yawn time!' Cheers all. Paul

Hi, there is an increasing network of small business contractors who are 'ARB Approved' that you may wish to consider. Please see Directory of Tree Surgeons - Arboricultural Association for further info. Regards.. Paul

(Potentially) the outcome of another poorly specified job me thinks. BS3998 (2010) states: "Specs for a percentage reduction are imprecise and unsatisfactory without reference to length, height, spread etc." A spec could say, for instance, 30% reduction, which is not uncommon, and could result in a tree with an overall height of say 20m ending up: 1. 14m high (height reduction) = TOPPING 2. 15.5m (crown linear reduction, assuming 5m clear stem) = LOPPING 3. 18.4m approx. (crown volume reduction, assuming 5m clear stem) = CROWN REDUCTION A vast difference and one that shouldn't be left to chance. Cheers.. Paul PS Hope I've got me maths right...a first! PPS It might be wholly justified to do 1. & 2. above but be clear about it and use the correct terminology, perhaps avoiding 'topping' and 'lopping' and be careful about misuse of the term 'pollarding' (read the BS), and it doesn't comply with BS3998 (2010), as this implies not to remove more than 1/3rd of foliage bearing material in any one go, so be careful there too. PPPS Sorry, 'gone on' AGAIN!!!

Be careful here as AS has been withdrawn for use as a herbicide application, i.e. stump treatment, although it can still be used as a compost accelerator, or similar, I believe...hmmm! ALSO remember if you are aplying any herbicide as a stump tretament then you are bound by the Pesticide Regs requiring stock controls records, usage records, correct storage in labelled pesticide store, qualifications to apply (PA1 & PA6) and probably lots more. Hence we often recommend to small business contractors who don't do large scale applictaions to simply prepare the stump and then tell the owner to go to their local supplier, garden centres / DIYs etc., and purchase and apply a proprietary product themselves...problem solved. Just for info. You're ever watchful AA Teccie....NURD!!! Cheers.. Paul PS I always found Triclopyr (Garlon 4) verty effective, even on Robinia which suckers profusely.

Sadly, the insurance company are probably simply looking to transfer their liability here in the unlikley event of a future damage claim. Hence the level of detail is unlikely to be too great I would suggest and maybe even just a 'compliment slip' with scribbled note....provided it's got your name and address details on it! Stating the obvious I know, but be sure you've got appropriate insurance here as unlike a tree safety report, perhaps, a subsidence report/letter/compliment slip won;t be covered by your Public Liability insurance and hence Prof. Indemnity, inc. cover for subs reports, will be required. Cheers.. Paul

Hi all, We still have the 'half-price' (saving £247.50 +VAT) opportunity available in this region so please contact me without delay. REMEMBER you will need to be supported / nominated by a LA Tree Officer, or similar. Hope to speak soon. Paul

Firstly, is that 'pollarding' or 'topping' (it certainly don't fit the current BS3998 guidance for pollarding). In practical terms, as very unusual for true pollards to be retained in urban situations, I would expect it to make no great difference, albeit as smaller trees (at least initially) provided they can cope with teh initial physiological shock and they have good vitality and adequate energy reserves....AND they're Limes! There, now to make way for the better informed but that's my ten penneth. Hope yer well Bob! Cheers.. Paul

Yeah, saw that and was somewhat intrigued, still so long as they pay the flights, ha! Nearly went out to Oz last year as the Queensland AA were looking inot setting up a contractor approval scheme but all seems to have gone quiet...boo hoo! Hope yer well Paul.

Hi 'Ecotreecare', Whilst training & experience are very important, and integral to any H&S Plan to acheive competence, there are many other aspects to consider including the raft of different regulations and how we acheive, and demonstrate, compliance. IMHO as an industry, generally speaking, we are pretty good at getting H&S right at the 'sharp end' (forgive the pun) but often have a complete lack of understanding and application when it comes to H&S foundations. Hopefully a 'tailor made' opportunity here is 'ARB Approved Contractor' (ArbAC) status, which is absolutely industry specific, and these days also meets the requirements for the CHAS and SAFEcontractor schemes. For a small business this can be achieved for less than £500 per year. If you are interested it might be worthwhile asking the regional council in question if they would accept 'ArbAC' status, supported by CHAS / SAFEcontractor, informing them that the accreditation is 'recognised' by HSE, as an equivalent. Shout back if you have any questions. Thanks for your time and sorry, didn't mean to hog your post! Cheers, n 'good luck!' Paul

Hi there, Are you a small business operating in the East Anglia region AND could you get a Local Authority Tree Officer to support / nominate you to enter a draw for a FREE (saving £495 +VAT), or 2x half-price (saving £247.50 +VAT), 'ARB Approved Contractor' assessment? If so please contact me directly ASAP! To date almost all businesses have benefitted from this promotional opportunity so get in touch quickly. Thanks all.. Paul

The 'blue book' ("TPOs - a guide to the law and good practice) states: Accessibility of TPOs 3.49 A TPO is a charge on the land on which the trees are situated, and as such should be recorded promptly in the local land charges register.41 The LPA are required to make a copy of the TPO available at their offices for public inspection at all reasonable hours, free of charge.42 In the Secretary of State's view, LPAs should also be able to let members of the public know, over the telephone, whether or not particular trees are the subject of a TPO or situated in a conservation area within 48 hours. As you are no doubt aware there is a fundamental review of the TPO legilsation underway at the moment and it is likely(?) that once passed new guidance will be issued but this is still current as far as I'm aware. In practice, increasingly people are emailing / texting to enquire which seems reasonable and means both sides have a record of the enquiry (whihc could work in your favour in certain situations.) Bottom line IF they don't follow recommended good practice and if problems occurs, they could be subjecet to a formal complaint to the Local Governemtn Ombudsman who wouldn't look too favourable on this. Hope this helps.. Paul (former CBC 'Tree Gang'...shhhh!)

Hi WoodED, You don't as ISA Certified Arborist is an individual's qualification, kinda like RFS Cert Arb or AA Tech Cert (both, 'as was' coz now level 2 & level 4 arb respectively), not a company accreditation like 'ARB Approved', for instance, is. Post back or give me a shout if you need to know more. Cheers.. Paul

"Opportunities in Large" (potentially)....REMEMBER once you become 'ARB Approved' you can also become CHAS & SAFEcontrator 'Accredited Contractors'....hence 3-in-1 (I know, don't give up the day job Paul!!!) Give me a call or 'pm', or indeed reply here, if you wnat to know more. Cheers.. Paul

Rupert, my pleasure you're doing some really excellent stuff there, n as for 'lunch', you didn't notice your dog only has 3 legs now, ha (no worries!) Glad you found the day useful, and indeed the preparation leading upto the day (whihc really is just a reflection on what you're doing day-to-day anyway) and I too hope it serves you well. Coincidentally just on with the report now so I'll fire it over later. Speak soon.. Paul