Spideylj

Thanks

Yeah, that might not be a bad idea.

It's concrete post and panel but with no posts close to the tree. The panels basically flap about.

Something a bit different! I've been to a clients this morning to look at a Lime tree that lies on the border of the property. The client wants to fence around the tree but the post will be directly in the roots of the tree within centimetres of the stem. Has anyone come across a fencing system that will allow the fence to go around the tree without digging posts in?

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

Thanks Paddy

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

Cheers Gary!

I'm in Lancashire.

I think the point I was trying to make is that it makes more sense for the TO and the arborist to work together in a more pragmatic way. Although a s211 notice does not take any particular form the guidance notes states that 'a notice submitted' to the LPA. You're effectively serving a legal notice on the LPA and it should be in writing (whether that is a handwritten note, typed on posh paper, email or standard form). In my opinion, I don't think a verbal conversation would be adequate to call a notice. It would be like a TO telling someone verbally to plant a tree and calling it a Tree Replacement Notice. As for the two year rule for s211. You're right. If the Council gives consent then the two year rule does not apply and the work can take place whenever. However, if in the hypothetical scenario above, that the tree was left and the tree was later found to be worthy of a TPO then the TPO would stand. TPO's are only challenged in the high court (would you client run the risk of that and its associated costs?). The recourse would be for the tree owner to apply for the same work again and if the work is refused appealed to PINS. It would be an interesting one would that. That being said, if the tree was in a condition or situation were it couldn't be TPO'd in the first place would it be worthy of a TPO later? Shouldn't the TO be looking to the future when making decisions especially where s211's are concerned?

No, they're definitely sycamores. In some locations there are two next to each other. One can be normal and the other has come out in small leaves. Equally, I was looking at one yesterday that had put some growth out above an old wound and the leaves were normal but in the canopy they were small. At first I though it might be Kretz but there's no sign of it around the base or any of the other usual suspects, honey fungus etc.

There's two aspects to some of the questions here. For s211, work in Conservation Areas you do not need to submit a full application. Although you can do it with the 1app/planning portal form. However, you can simply do it by letter so long as you make it clear what work is to be undertaken and the tree is easily identifiable. If the application is a bit vague then the TO should contact the applicant/agent to clarify the work. As there is no validation for a s211 notice the clock starts when the LPA get that application. The LPA have three options these are: Give consent for the works to go ahead. Put a TPO on the tree (this should only be done if the work is unacceptable). Do nothing. If the LPA have not given a decision or TPO'd the tree within SIX weeks. Then the arborist can go ahead with the work. Check with your local TO about how they will accept s211 notices. I will accept emails from arborists working in our area. The TPO application and determination is a bit more complicated. There is EIGHT weeks to determine the application. However, the clock starts on this one when the application is determined as valid. The determination of validity should be done within 3 days but this is good practice rather than law. In order for the application to be valid it must: Be on the standard form; include information required by the form; be accompanied by a plan which clearly identified the tree or trees on which work is proposed; be accompanied by such information as is necessary to clearly specify the work for which consent is sought; state the reasons for making the application; and be accompanied, as applicable, by appropriate evidence describing any structural damage to property or in relation to tree health and safety. (Government Guidance Notes paragraph 65) These are called the necessary requirements and the LPA cannot validate the application without them. If the application is determined invalid there is a right of appeal through PINS. So really, without a tree report the LPA shouldn't validate the application. However, that being said I do take a more pragmatic view. I do believe that it shouldn't be too onerous on the applicant or their agent (the arborist). If the arborist demonstrates that they have clearly looked at the tree properly and write notes to that effect then I am more than happy to accept that. The problem comes when the work to the tree is unacceptable or damage caused is ambiguous. That's when you may need to call for independent reports. The assessment of an application should not be a desk top exercise. The TO should visit the site. With the bulk of my applications I have either been out on site with the arborist beforehand or I go and have a look in the validation period. As I can not validate the application within the '3 days' due to my working pattern, I tend to stretch this to a week. Obviously, I let the arborist know that I have received the application. If I agree with the arborists findings then the application goes through. If not we have a chat. Sorry if you have nodded off!!!!

I'll get some when I'm out and about.

Hiya Everyone, I'm from the north-west and we're starting to notice that quite a few sycamores are leafing ok but the leaves are really small. At first it seemed to be just street trees that were affected so we put it down to lack of water etc. but now we are seeing it in garden trees as well where they should get enough water and nutrients. Those that have had the small leaves for more than one season seem to start showing signs of crown dieback. Can't find any fungus, trees aren't hollowing out, no bleeding. Anyone any ideas??? Cheers

Hiya Everyone, Thank you for all your help and advice. It is much appreciated. Gary - I found the report. For reference should anyone require a link to the report it is below. https://www.iow.gov.uk/council/committees/Mod-Econmic/22-7-02/Tree%20Preservation.htm