Gary Prentice

Thanks for this Edward, strangely enough it's the first I've heard of it (every day is a school day). It seems a bit of a loophole. If the council don't oppose a notice to fell but the notifier leaves the tree, which then matures to provide a much more significant amenity benefit to its surroundings although being situated in a conservation area its no longer protected - unless the LA later decide to TPO it because they recognise its increased significance. I imagine there's a lot of room there for the LA to think trees are covered by the CA status 'forgetting' that they consented removal years previously.

Have you a reference for that Edward? Below is an extract from my LA in response to a recent notification. Are they doing it wrong? I refer to your notice received on 26/04/19 informing us that you propose to carry out certain works to trees at the above address, which is located within the Uppermill Conservation Area. The Council has no objection to this work being carried out subject to compliance with the following specifications (see attached plan for location of trees): This authorisation applies solely to the works scheduled above. Further written notice must be to the Council of any intended variation to the above works or of other works to either the above mentioned trees or other trees on your land. given 1. The consent hereby granted is valid for a period of two years from the date of this decision.

Think they're advertising for arb inspectors again, so that might hopefully improve.

What part of the NW? Can't say that I've noticed huge changes in Sycamores generally over the last two years apart from those in obvious drought prone locations like contained roadside planters etc.

Sorry, you don't actually have that much say in what you will or won't accept. It can be on the back of a fag packet, as long as all the pertinent information is supplied. There is no specific format or form in the legislation, so a LA can't tell the notifier how they actually go about doing the notifying can they? So a LA can be tardy, not validate for two months and then the applicant has to wait another two months for a determination. I'd love to test that with PINs

The land charges section is where records to do with land are recorded by the LA. Putting TPOs on after a search isn't that uncommon in certain LAs, not thatt I've ever had that happen to me. I never answer any questions as to what the owners intentions are, they shouldn't be any concern of the TO -it's either protected or it isn't. RE Rushmoor. I'd take the LAs reported response with a pinch of salt. The TPO was shown online, what wasn't was that it had actually been confirmed. To be fair IME very view councils make all of the TPO details available usually anyway. The defendent is trying to say that although the TPO was shown, the confirmation wasn't so they assumed that there wasn't an order (it hadn't been confirmed). That's a poor defence. the LA has to make the details available at all reasonable hours etc etc and a simple phone call might have clarified that the order on the website was legally confirmed.

Does the 5 cube year/quarter thing apply to domestic sites? I knew about it in terms of forestry but not really aware of its use on domestic arb jobs? Surely theyd be getting plenty of applications for this? Define domestic sites? The exemptions from the requirement to get a felling licence are; residential garden, churchyard and public open space (whatever that legally actually is). But, when is a garden not a garden? I had a client who bought a hotel to convert back to a residential dwelling for himself. I wouldn't entertain any tree felling works until the local rates department had he property classed/rated as a residence because I thought that potentially as the original classification was commercial there couldn't be an exemption to a felling licence. We felled well above 5 cube with no contact from the LA. Ultimately if there is any doubt about whether a site is a garden the final say is probably the woodlands officer, he'll be the one originating any prosecution if he/she thinks it isn't a garden.

Q. How many conservationists does it take to change a light bulb? A. Change !!! Alternative answer. Materials and method statement, plus a bat report for good measure.

As I understand it, the only time when the LA can reasonably expect/demand a report is when the reasons for the work is due to either a claim that the tree is; causing damage either to underground services or a building due to tree-related subsidence. Unsafe, where a suitably qualified arboriculturists report is necessary. I image that if it's so blindingly obvious, to the man on the Clapham Omnibus, that the tree is in imminent danger of failure that sense would prevail that this 'requirement' would be simply put aside as an unreasonable unnecessary additional expense to the tree owner. PS. Sorry for the delay, I took a week of bed-rest convalescing.

This popped into my inbox this week. Caveat emptor https://mailchi.mp/d251eab8de67/check-for-opm?e=f9f092209f

Looks good. Looks like highly valuable 'black' walnut. Fixed that for ya

Right as usual! Saul, OSM is correct. The colouration that you see in your 'olive' ash is due to various chemicals that the tree 'infuses' into the dead 'heartwood' as a form of protection. There's various methods that different tree species use to protect itself from pathogens, initially compartmentalising itself with physical and chemical barriers, and this is one of them. Whereas as 'spalting' is entirely created by the fungi themselves. Sorry for the poor explanation, not had much sleep. And if I'm teaching my grandmother...

He just takes better photos, that's all.

Looking at the brick type, of the original wall- not the engineering type used in the repairs, I'm not sure that the tree is older, or that much older, than the wall tbh. There's no chance of patching the length of wall within the owners property. It looks like any supporting pile/piers would have to be next door, simply because of the roots and root mass. In fact, foundation locations are looking to be the major issue.

Since you know it's a squirrel, what exactly is the point of asking?

Hey, I don't have too many pleasures in my life atm due to my health, but one that I do have is baiting you

Well this ain't much of a game, when he won't tell ya if you're right or wrong

There's not a wasps nest in there, is there?

I had a bit of a dig around the tree saturday, in an attempt to clarify where the roots were going, but the major roots were so close to the internal face of the wall I couldn't do much more than get down a few inches - the main stump mass is just right against almost the entire length of the wall. If, and it's a big if, we could get foundation piers in - to support a cast-in-situ beam, the rebuilt wall would probably have to be single skinned to, temporarily, allow for future growth. The owner doesn't own the land outside the wall - so a new wall can't be re-sited. The gate pillar is distorted, I'm assuming there's a root either beneath it or applying lateral force to either the foundation or the brickwork itself. So where or how a new foundation and support pier for a beam would actually go I have no idea. I met the TO this morning, pointed all this out, asked if he had any suggestions for an engineering solution (Not the LAs job to do that) Still wants to retain the tree but he's getting his boss back for a second opinion. The appeal has to be submitted by tuesday, currently no idea as to an engineering solution or the cost of one. I've suggested that we demolish the pillar and the tree owners part of the wall to either identify if or where beam supports could be sited, but I need to confirm my clients agreement to that. I don't know whether to push for the demolition, ask the council to review their decision and then reapply to remove if they still refuse and then go to appeal subsequent to that determination. ?️ but the clocks ticking ever on.

Sorry! I wasn't even there, but just from what I've heard it still makes me laff...

What's that biblical verse? About reaping and sowing?

Do tell!

Book deal? Or prison sentence?