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bullish

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About bullish

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  1. Thanks all this is really helpful. "agree the spec with the tree officer, plant the trees, and then get the tree officer to confirm they are ok by email. Then exchange" - exactly, it's got to be that simple. "Yes but appropriate in terms of what the LPA think can be appealed if you don't agree and you wait for the TRN. I agree, a standard seems more likely than something which is semi mature. I doubt the PINS would ever support that" This is reassuring - phew!
  2. Thanks to everyone who have responded so quickly so far. As I understand the law.. as the purchaser I would take-over the liability to replace the trees but I could not be criminally prosecuted for the removal (as I did not commit the crime). Thank you for this extract: "it shall be the duty of the owner of the land to plant another tree of an appropriate size and species at the same place as soon as he reasonably can." Realistically how many people can actually afford to replace a full size tree? Surely this stretches to the echelons of >£5,000 quite easily - it would need craning in?! Reasonably can therefore for myself would be not very soon! However, as indicated I understand the whole principle at play here and would happily replant a sapling of a similar species. It seems to me there must be a pragmatic expedient here. Prosecute and seek damages from the individual(s) who committed the crime (this would deter anyone from committing themselves), use the damages where possible to rectify the damage... but otherwise surely it has to be the goodwill of the buyer to do anything further. As indicated, I'm not buying a multi-million pound mansion here and want to do the right thing by the law but I don't have thousands of pounds to drop on a tree(s) - I can't believe many are in a different situation? Council/local authority lucky that I may have a few hundred pounds to offer to help to rectify.
  3. Hi all, Hope you can provide some words of wisdom on this one. I'm looking at purchasing a property in Sussex and have just been informed by my solicitors of a "significant breach" of TPOs although there does seem to be a little confusion over what side of the fence the protected trees were on... Looking at old photos of the property's garden I cannot see any trees which would likely have TPOs but anyway... Clearly the next steps are for someone to ascertain what side of the fence the trees were on and whether they were felled due to disease or other justifiable reason. Let's assume worst case the trees have been felled on the side of the fence belonging to the property I am purchasing. I'm unclear on the terminology I've seen around replacing the tree felled. Is this like-for-like or with a sapling? Clearly the cost differential could be huge? I assume the latter, can anyone confirm and refer me to the legislation? I'm happy to replace the trees! Is it possible/reasonable to reach out to the Tree Planning Officer and come to some form of agreement? I want to do the right thing here (hopefully not too expensive) If I can achieve 2. is there anything else I should be getting assurance with, just from the practicality of replacing a tree perspective (not a legal perspective) that I should be aware of? Many thanks in advance

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