Chris at eden

When you tell a tree owner that they need to replace a TPO tree either as a condition or subject to section 206, I would say that maybe 1 in 5 times, they actually do it. Probably less than that as I was always surprised when they called and said 'we have planted that tree and we are letting you know so you can come out and check and update the TPO'. Its what the letter told them to do but it rarely happed so i was always really surprised. Getting TPO trees replaced is a right pain! When they don't replace them, you then have to write to them and tell them that if they don't plant it then they may face legal action. You ask nicely the first time and then progress to telling them if they keep ignoring you. That usually does the trick. Realistically, they probably assume that legal action is something more serious than being served with a notice. Very occasionally, you have to get legal to serve a notice under section 207 (a TRN). Then they usually appeal that via the PINS and they lose the appeal. Then they plant it. I've sat in formal planning hearings with the inspector listening to residents saying that they don't agree with the condition, even though they didn't appeal it at the time and negotiated the size, species, and position prior to being given consent. I used to let them pick the species within reason as i thought, well, they have to live with it. I always tried to get the tree replacement scheme if possible upfront so everyone knew where they stood and could appeal the condition if they didn't agree. I'd have it all documented via email as some people seem to remember conversations very differently so you cant leave it to their word against yours. The PINS can be pretty brutal with their feedback when they think residents are being unreasonable. I have done both of the above several times, the first one dozens of times. If they ignore the TRN, the LPA can go in and plant the tree on their land and pursue costs via the courts. I have never been involved in one that got that far but i am sure it does happen. Hope that clarifies? Its rarely as straight forward as they have to replace the tree so they just do it. Cheers Chris

Yeah maybe. But what about the second part of subsection 1(b) - destroyed or dies. Destroyed in contravention is already covered by subsection 1(a) with regard to deliberate action (contravention). Why repeat it? And dies obviously relates to natural occurrence, otherwise it would be a contravention covered by 1(a) - destruction. Then there is the bit about woodlands in that you only have to replace trees in woodlands if its a contravention! This to me seems to indicate that section 1(b) relates to natural occurrences. Like you said though its open to interpretation. I take your point though about nuisance. A lot of LPAs wont though, which is what I meant about can of works. Its more hassle than its worth. I'd just say the tree has been destroyed by wind so is exempt (in my opinion). I've enforced this dozens of times with no questions asked by legal but its never gone as far as court (if you can call that enforcement). Pity really, it would have been a useful test. Cheers Chris

I think the first part talks about contravention but the second talks about trees dying or being destroyed. I think that means by natural occurrence personally.

Plus 206 also covers trees that are uprooted or destroyed as well.

Yes I agree Jules. If it’s still alive then they would need to apply. But then getting into the whole nuisance can of worms, they could only abate the nuisance. If the tree is blocking an access or leaning on a house I suppose the LPA could argue that the appropriate exemption would be an immediate risk which then brings 206 back into play.

Short answer is yes. Long answer. You are required to replace the tree in accordance with section 206 of the town and country planning act 1990. It’s a legal duty unless it’s part of a woodland TPO. This is based on the fallen tree being dead. In a woodland 206 only applies if the tree was removed illegally. It’s not a notice, it’s a duty. The new tree will be automatically protected, even if it’s a different species. When you get permission the replacement is a condition, not a notice. The notice under section 207 only comes if you fail to replace the tree subject to section 206, or pursuant of a condition as described above. They can’t issue a tree replacement notice as soon as the tree fails. You have to fail to comply with the duty or condition first. Replacement notices also have to be served within 4 years. Cheers Chris

If the driveway area is more than 5sqm then you technically require planning consent even if it’s a replacement. It’s only PD if you discharge surface water onsite. Ways to do this include: 1. Discharge into a soak away onsite. 2. Grade the surface into soft landscaping on site, e.g. a shrub bed. 3. Make it porous. Remember, the whole thing has to be porous. If you fit a porous wearing course on top of MOT type 1 it doesn’t count as porous due to the fines in MOT type 1. I worked in planning as a TO for over 13 years and used to come across this all the time. I never met a driveway company that knew about the requirement. It’s just not well known in the building industry. Suppose if no one ever told them then how would they.

The evidential test for civil litigation is on the balance of probabilities, not beyond reasonable doubt so they don’t have to show 100% proof to win. Just more chance than not that the tree is implicated. I.e.. 51%, or even 50.1%. It doesn’t have to be the only cause either. They should be providing full details though which often they don’t. It would have zero impact on water uptake so not realistic. Jules has already provided the relevant technical info. Not really. TPO refusals are subject to appeal via the planning inspectorate and if they have enough info to show that the tree is implicated on the balance of probabilities then it may become exempt due to actionable nuisance. Note the word may, I would strongly advise to stay away from the exemption unless it’s accepted by the LPA or they have some solid legal advice. Not worth the hassle and could land them in trouble if they haven’t ticked all the boxes. It’s always best to get in writing from the LPA. This I agree with although it makes no difference where they are from realistically. Legal advice also if they intend to fight it. The duty holder or their insurance company. It’s the owners responsibility, not the claimant.

It was recommended practice during the 1800s and early 1900s. I still hear gardeners say it and I have seen it written on RHS online publications. It was obviously rubbished notably by Shigo but it was noted before that by other scientists but they couldn’t dissect trees properly before chainsaws became available.

Sligo said you can prune anytime of year as long as pruning cuts are good. Spring can be a problem for trees that are prone to silver leaf disease such as cherry. Plus, energy reserves are low after leaf flush. There is a lot of debate about pruning time and as I said, lots of info still recommends winter but you said it yourself, no wound response in winter. You can find references for both options but we had this conversation when I was doing my level 6 and it was concluded that summer is best phonologically. if you prune properly though it’s all pretty irrelevant apart from issues such as silver leaf. If you wack the top out of mature trees and leave 15” diameter cuts it doesn’t matter when you do it, it’s bad. Yeah most will regrow but they will look rubbish and be defective. If you focus on target pruning and minimise cut sizes it’s unlikely to be an issue.

The wound response of deciduous trees in the winter is zero. No CODIT, no occlusion of the wounds. Plus, the vast majority of decay fungi sporulate in the autumn so fungal spores are high. Risk of colonisation is at its greatest in the winter and lowest in the summer. In general pruning is best in summer. That whole pruning in the winter is about 40 years out of date but still something peddled out by gardeners. The RHS still recommend flush cutting. Bleeding from pruning isn’t a big issue. It’s more to do with cut sizes and positioning, I.e. target pruning.

You can’t really prune it out as there will be nothing left of the tree. You could try the plant health care approach to boost vitality and the trees ability to cope. Removing competing vegetation, mulching, biochar, etc. By the way, the best time to prune deciduous trees is in the summer.

Must be as I can see them on the iPad. It’s a strip of helical necrotic bark on the main stem with a bit of coral spot.

I’m not sure about the apprenticeship but I can’t recommend the ABC courses via tree life highly enough. The amount of learning you do is unbelievable. Just life changing. It’s a lot of work though. Pretty full on so you need to be able to commit.

Spot on. The levels thing is a bit weird. I found the structural damage unit (L7) easier than most of the other units including the selection and planting one (L5). It’s a higher level but it’s facts and figures, very analytical which I find easier than the more wholly units. Just the way I think I suppose. The independent research project (basically a dissertation) is hard until you get going and then it just steam rollers. It’s hard to start though and is easily the hardest unit. It’s mandatory for the L6 dip, but only optional for the L6 cert which is another big difference.

The award, cert and dip are not levels. They are the size of the qualification. The overall qualification is run at level 4, one up from A level. The award, cert and dip are the number of units. One of the units in the L4 is delivered at L5 also. Same with the L6, one of the units is delivered at L5 and another at L7. The L5 unit is the same one at L4 and L6. I’m not that familiar with the L4 as I did L6. At L6 you do 4 units for the cert and 8 for the dip. I did 8 units for the dip. The 8 is what makes it equivalent to an honours degree. But the cert (4 units), is still a full qualification. It’s a full L6 cert. Just not equivalent to a degree with honours. I would personally only go with a provider if you have the option to build up the qualification to dip if you want to after you do cert.

What is the purpose of the survey? DBH isn’t an Arb measurement. It’s forestry and is measured at 1.3m. Arb measures at 1.5m. Growing trees in a nursery they measure at 1m.

It is converted panel vans as far as I know. The whole point is that you can stealth camp without folk knowing. They would hear me snoring so it’s not for me. I like the idea of overlanding in a converted defender though out in the wilderness though. Africa, the arctic, that sort of caper.

Tree officer at the council.

And the rest. Fines for wilful destruction have been unlimited on summary offence since 2015.

No you don’t need consent as long as you don’t damage or destroy the tree in the process. As someone else said you should use a cambium saver. It’s worth letting the TO know as well in case they get a call from a neighbour.

Those terms are used as they are defined in law. Lopping and topping from the highways act. You are not prosecuted for topping though. It’s either wilful damage or wilful destruction. So did the topping damage or destroy the tree. They would have to show that the prosecution is in the public interest as well. They could argue that an unnecessary crown reduction is damaging to visual amenity which realistically it usually is in my opinion. In short, crown reduction is not exempt works.

You can’t hide cameras to catch people. Can’t remember the act, RIPA maybe. But if you do it covertly you can’t use the evidence in court. You could put cameras up but you would need signs telling people. Then they either obscure number plates or tip somewhere else. I’ve been in the CCTV room at my old local authority (trees are a problem for CCTV) and it’s a pretty big set up. It’s not just putting up the cameras it’s having the budget to manage it.

I’ll give you an example of sad. I used to have one resident that used to phone me to say her neighbour was cutting down his TPO trees. When I got there he would be mowing the grass and she didn’t like the noise but knew I wouldn’t come out for that. She wanted all their trees out but obviously that didn’t happen. Then she would complain when he pruned his shrubs. When I explained that only the trees were protected she would make a formal complaint to the chief exec and MP. She would say I had said all sorts of stuff but I always backed it up with an email or letter so I’d just send the emails to the MP saying ‘no, this is what I said’. After a while though you end up with a lot of history and you have to keep sending it to various people and it just gets more and more complicated. Most people are fine but you get probably about 6-8 people who just take up all your time. Then folk think council’s aren’t doing anything but they just get tied up with nonsense.

I agree. I quite like the smoke and smell when walking down the canal in the winter. I suppose some folk don’t though.