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Spideylj

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  1. The guidance notes do allow for dangerous trees. What is the exception for work on dangerous trees and branches? Where a tree presents an immediate risk of serious harm and work is urgently needed to remove that risk, tree owners or their agents must give written notice to the authority as soon as practicable after that work becomes necessary. Work should only be carried out to the extent that it is necessary to remove the risk. In deciding whether work to a tree or branch is urgently necessary because it presents an immediate risk of serious harm, the Secretary of State’s view is that there must be a present serious safety risk. This need not be limited to that brought about by disease or damage to the tree. It is sufficient to find that, by virtue of the state of a tree, its size, its position and such effect as any of those factors have, the tree presents an immediate risk of serious harm that must be dealt with urgently. One consideration would be to look at what is likely to happen, such as injury to a passing pedestrian. If the danger is not immediate the tree does not come within the meaning of the exception. Where a tree is not covered by the woodland classification and is cut down because there is an urgent necessity to remove an immediate risk of serious harm, the landowner has a duty to plant a replacement tree of an appropriate size and species. Paragraph: 080 Reference ID: 36-080-20140306 Revision date: 06 03 2014
  2. Where a TPO'd tree grows over a boundary of a property, the neighbour of the tree owner has a right to apply to carry out work to the tree. However, the landowner's consent will be needed to go onto their land to carry out the work. The list that Paddy posted are a re-worded version of those that can be found in the Government guidance notes (see below) that pertain to the exemptions. In other words when you can carry out work to protected trees without the need for LA approval. My advice would be that unless there is an immediate risk of the tree failing and causing damage or harm that in all cases that you apply to carry out work. If you think an exemption applies then make sure you document everything and photograph it. The term nuisance applies in its legal sense and really means damage (although there can be other types). As correctly said above, only work to alleviate the nuisance should be carried out and it should be demonstrated that other solutions were explored beforehand. A condition is an instruction associated with the consent. If you fail to fulfill a condition of the consent (generally called a breach) then your consent is void and you have carried out the work illegally and the LA can enforce. An Informative is for information only. A common one is for birds and bats. This just highlights legislation. It something to be aware of but it is not something that the LA can enforce. For instance, if you destroy a birds nest then it would be down to the police to enforce and not the LA. Tree Preservation Orders and trees in conservation areas - GOV.UK WWW.GOV.UK Explains the legislation governing Tree Preservation Orders and tree protection in conservation areas.
  3. Spideylj

    Elsie

    The tree report should be done to British Standard (BS 5837:2012). As a general rule of thumb the root protection area of the tree will be 12 times the diameter of the tree. The exception of this is in the case of a veteran where it should be 15 times the diameter or 5m past the drip line of the tree, whichever is greatest. As for your extension, it will all depend on how close your extension is to the tree, what foundation design is being used, drainage and construction method. I would also consider carefully what the extension is being used as the tree may affect light into it (again depending on how close it is). Your Arboricultural Consultant should be able to advise you on these matters.
  4. This is one of those little things in tree protection law that is unclear. The regulation in question is Regulation 12. It basically states that the Local Planning Authority (LPA) must keep a register of all applications, appeals and any replanting conditions. It does not state what form the register should take. Paragraph 77 of the guidance notes doesn't help either. It states that LPA's are 'encouraged' to make their registers available online. In other words they should do but they don't have to. So, I suppose it's down to the LPA. Any applications that come into me and are valid go online through the computer system online. Likewise my notes, photographs and decision notices also go online. I'd rather have everything in the open and available than have to spend half my time chasing information down and justifying my decisions to everyone that rings up when a tree has to come down. So, in short. Your TO is right, he doesn't have to supply the application to you but you should be able to see what is on the register.
  5. This is a neighbour dispute. You've highlighted the issue to your neighbour and should it fail they could be held responsible. However, I'm sure you wouldn't want it to get that far. Someone suggested speaking to an arb consulting and getting a report. This is a good idea. You can then present this to your neighbour with a nicely worded letter asking them to sort it out. Failing that, have a chat with your local Tree Officer. The council can issue a Dangerous Tree Notice under the Local Government (miscellaneous provisions) Act. This applies to England. If you live outside of England it may be worth checking the law.
  6. The funding from government is coming in the form of the Urban Tree Challenge Fund. It funds planting and (if I remember rightly) 2 years establishment costs. It's all well and good but you've still got to find the land to plant the trees on and maintain them for the rest of their lives. For councils the planting part isn't the problem. It's the land and maintainence that is the issue.
  7. Adding to this. Unless there is a Tree Preservation Order on the trees or you live in a Conservation Area. If in doubt check with your local planning office.
  8. You can carry out a Land Registry search on the land in question. It'll cost you £3 but you'll have a definitive answer on who owns the tree. Some people assume land is owned by the Council but often it isn't. Land Registry search is quick and easy to do.
  9. Ok, still being puzzled by this. Was out in one of the parks today and noticed the same on some sycamores. The one on the left is normal and from a tree that is around 30m away from the one with small leaves. The middle leaf is the largest leaf of the tree with the issue. The one on the right is the average sized leaf of the the tree. I've ruled out drought with this one. Both trees are sat in a grassed river embankment. Apart from the small leaves there is nothing to indicate any infection. In the bottom photograph you can see the tree that the small leaves came off. The canopy looks a bit sparse but I think that is more down to the small leaves rather than anything else. There is a sycamore creeping in to the right that is showing small leaves and starting to die back in the crown. All the trees are of a similar age and it's numerous trees that are producing small leaves.
  10. I don't have a problem with that. There is no stipulation on how a plan is presented in the regulations. However, it must be clear enough with the description and the plan to easily identify the tree(s). I don't have a problem with an arborist using our map, the orginal TPO map, OS plan whatever. So long as I can identify the tree. As a point, I use google earth to plot some of my work.
  11. Some good advice up here. I would also urge caution about digging around roots. The TPO also extends to what is below ground as much as the stem and canopy. Should you do anything that will damage them and the trees die without the consent of the council you could end up in serious trouble. My advice would be to try and arrange a site meeting with your engineer and arb consultant and the tree officer.
  12. No, definitely not sooty bark. Everything on the trees look fine apart from the leaves. Perhaps it is drought related. Thank you everyone for your input!

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