oakum

Many councils with a website will have a list and map of CAs - this has normally been my first port of call Steve

Gary - understood and thanks Steve

Gary, do you mean needing permission to make the application or to carry out the works - if you mean to make the app then I don't think there's any chance of that. Steve

Paul it's not a CA so normal app required (to fell a dead and diseased tree??) I have to disagree with your last paragraph re damage - if the tree failed at 5 or even 10m then damage would be considerable. Re: the Beech failure and sail area - this would be a discussion for another day and would concern the perennial debate of leaving large trees close to properties during development and the change of the trees' environment that inevitably takes place - even with all our knowledge and best practices put in place it still occurs. Steve

Thanks Edward for a very balanced and reasonable reply 2 quick points but will get back to thread tonight Can a non-owner place an application to fell and could you link me to any info on this TIA There are two TOs on the case one employed by the LPA and the other employed by an outside agency who manage/advise the council - this officer in a previous life was also a TO on the same council. The solicitor was a private firm who I assume was acting on behalf of the agency mentioned above. Steve

There is no third party right of appeal. Julian thanks for that I don't really see the problem here. If the tree causes harm or damage, the Council will be answerable. They will know that already. That's the exact place we don't want to be at - within in the falling zone there is a large workshop at 5m, a large garage containing a classic vehicle and then there's the patio area and gazebo of the listed building. Chances of an upright tree like that in a sheltered position falling over imminently if its only defect is Inonotus decay are probably small. But there's always more to a situation than one person's view and one photo. The tree is far from being in a sheltered position it faces directly SW with the property to the NE and the weather funnels through between neighbouring properties. A large Beech came over last year landing on a nearby property and taking off a corner of the house. No compensation as "council was unaware prior to the incident of any disease affecting the tree" (solicitors quote). You'll maybe forgive me for being a tad synical of the council's inspection regime and understand our concerns. Yes there are more than 1 viewpoint and this has been mine and without a chance of appeal or talking to another authority it is very difficult to know where to turn next. Julian thank you for taking time to answer along with Steve Bullen who takes a different view as I read it regarding Inonotus. To be continued I hope

Hello Steve Another question is if the council refuse their own application will we be able appeal it. If I was into conspiracy theories I might think there is a master plan behind the application.

Your opinions and advice please. Large (15m) badly lopped Ash displaying Inonotus bracket at 5m and within striking distance of property should it fail. Tree situated on grass on council owned verge within group of other large H.Chestnuts. Over time owner of property and myself have expressed concern at state of tree but have been repeatedly told by TO that they have to comply with W&C Act and are keeping it for this reason. In fairness they have said there are visual inspections due every 18 months but we are not happy or reassured by this. Our latest letter of concern has resulted in a slight back pedal to the extent that they are now going to put in an application to themselves to take down their dead/dying and diseased tree. Their reason for this is to give other residents in the cul-de- sa a chance to object which we know several of them will although their properties are nowhere near the tree in question. We feel this application will not go in our favour and would consider appealing but quite honestly think that the council could do the works without all this needless activity owing to the condition of the tree. We accept that wildlife, if present, will be affected, but feel that, as a compromise, tree should be reduced to 5m to where the bracket is seen. This will allay our fears of tree failure damaging property while also allowing wildlife to (continue) colonising the resultant stump. Yours views whether agreeing or disagreeing with ours would be most welcome.

That's a pretty defeatist attitude - it's pretty much been agreed there's neglible "asbestos" risk- so are you saying you'll only do work with no targets?

Pretend it's a greenhouse - as mentioned it only gives off fibres when broken.

Get the forms from small claims courts and make a copy. Fill in the copy and post it to him with cover note saying original will be returned to court within 5/7/10 working days if cheque is not received pronto. Worked several times for me.

Did the roots come up with the tree, could be some money there.

Do the tips of your fingers turn white, (hence white finger) in cold weather or even in cold water, or when swimming in the sea and when they're warming up feel like someone's cracked a hammer on them - that's white finger. In my case years of ringing up with big non-av saws caused it. Just got to live with it now and keep hands warm. I suppose tinglings were first sign - too late now.

Freeclimbing to next anchor point. Glad I very rarely climb these days, I've probably had all the luck one bloke can have and reached 64. Still sail solo without lifeline tho' - doh

Boats boats and ...... boats - one to use down here on the Solent (sail), one to do up and sell - normally 1 a year, and other peoples' for longer trips (delivery).