Alan Webster

Although the situation might not seem fair just as long as the developer has complied with the planning conditions and the excavation was required to carry out his approved plans the TPO is irrelevant. The roots were encroaching into the developers site and he has abated the nuisance (also an exemption to the TPO it can be argued). He could in theory make a claim against the OP to reimburse his costs in doing this. Compensation recoverable through a Civil action would look at if the developer took reasonable care and if the abatement was mischievous. If the tree is now unstable due to the excavation costs to remove it can possibly be recovered from the developer. The roots that were removed were technically stolen if not offered back to the OP, but what is the worth of a few roots. I doubt that the police would be interested in charging the developer with theft. (think of the CPS tests). There has been a lot of speculation about this scenario some potentially libellous and in many cases inaccurate. Civil law is decided at court and is not cut and dried as it is decided on the judges interpretation of case law.

Myrtus apiculata

Permission in terms of the TPO. They don't need permission to remove trespassing roots but could be liable for loss of tree or a failure if it was attributable to the work. The developers would have a good defense if they have complied with all the LA requirements, and they would try to shift liability on to the LA

Without the whole story it is not possible to know who is at fault - if any one. Did the developers not tick trees present on site box on application? Did the authority insist on a 5837 survey for verification? Was a 5837 produced that was not up to standard? Was the tree categorised as U BS5837:2012? (not R BS5837:2005) Did the developers ignore conditions and the TPP? Look to appoint a consultant who will be able to help you.

If they have planning permission for the work then they effectively have permission to do this.

No one has mentioned if the trench and grading work was approved as part of the planning application then it over rides the TPO. The issue is with the probable demise of the tree resulting in possible increased risk if this is the case

The rigging workshop is this Saturday! Book yourself into one of the remaining places to see all the latest Stein kit being put through its paces! Attendance at this workshop would be most valuable to you if you are involved with dismantling. The knowledgeable Kevin Moore will demonstrate many aspects of rigging including speed-lining ably assisted by Tom Joe and Andy. See you Saturday morning. Alan

After visiting a rigging workshop hosted by the South East Branch, the Welsh Branch of the AA has organised the same event in Wales presented by Kevin Moore. The event will take place on Saturday the 17th of August at Picton Castle, near Haverfordwest, just off the A40. Places are limited to 30 with a limit of 3 people per company at a cost of £36 each including vat. Book via the AA web site, hope to see you there! AA Wales Branch Rigging Workshop - - Arboricultural Association

Anyone interested in this course? The training is being sponsored by TreeWorks (West Wales) Ltd a local Arb' Approved contractor. This has reduced the price to £90 plus vat for members and £150 plus vat for non members. Book by following the link: Basic Tree Survey & Inspection - Training

I would argue that it was in the best interest of the client to check for a TPO if I found myself in that position (preventing them from breaking the law). It is best to get into the habit of asking the TO if there are any TPO's in a general area, especially if they have been known to make one if there isn't already after an enquiry.

Hi all The Welsh Branch of the AA has organized a LANTRA Basic Tree Inspection course to take place on the 17th of May 2013. The venue is Picton Castle, near Haverfordwest, Pembrokeshire. This site has fantastic specimen trees and features, including Turkey oaks planted around 1780. This time of year will also see the rhododendrons in bloom - which Picton is famous for. Please look for details on the main AA site and book through HQ. Price for members is £100 + vat, non-members is £160 + vat. Look for updates on our facebook page: Arboricultural Association Wales. A few more events will be announced soon.

Hi rck could you send me a copy as well please.

Got mine from Treeworker

No web site yet, Facebook is quicker to set up. A website will be put together in the next few weeks.

I should have said that I will keep all updated on arbtalk as things progress.

I've been trying to put info on my profile. Based near Haverfordwest working as a consultant, but still doing a bit of climbing. Local National Parks tree officer is the new secretary, Mike Higgins.

No web site yet, Facebook is quicker to set up. A website will be put together in the next few weeks.

No web site yet, Facebook is quicker to set up. A website will be put together in the next few weeks.

Hi all, The Welsh branch of the AA has been relaunched with the first committee meeting having taken place earlier on this month. Check out the first steps on the Facebook page, please feel free to give comment on what you would like the branch to put on/organise. The plan is to run 3 or 4 events a year, informal walks/talks and increase CPD events in Wales. Thanks for reading, Alan (Treasurer) Ps. We hope to engage with all in Wales not just members.