Kylus Sylvestris

anybody recognise it?

In light of the fact that UK LPA's have a Duty to make provision for the preservation of trees.... isn't it a shame that retained aged trees aren't TPO'd before planning consent is granted. We've really got to pull our socks up. And perhaps start doing what is meaningful, rather than what is expedient. DETAILS, DETAILS, DETAILS.

Are PALMS considered to be TREES? This is not a straightforward question as ‘TREE’ is not a scientific term. Even the Courts have wrestled with this - where it has been determined that a tree is anything one would ordinarily call a tree, however, that was in relation to plant age (of typical native woodland ‘trees’) rather than scientific classification. And the scientific community hasn’t always agreed either way. In the same sense there is no scientific definition of ‘shrub’, which can include ‘tree’ species less than 5-10m in height. In broad terms one might consider ‘trees’ a source of useable timber, which palms are not as they don’t grow annual rings or produce wood. Although, the fact that palms are regularly called 'palm trees' adds confusion. In my opinion having worked with trees for over 30 years, I haven’t ever considered palms to be ‘trees’. But I understand the confusion and accept there will be contrary points of view.... and I do know of TPO'd cordylines in the SW.

Is it entirely dead? Looks like Holly at the base? 😂 And, I agree with the 'lottery' comment!

Why don't you reduce the width of the dropped kerb so it's outside the RPA. You're 4.5m wide access is rather large.

No I didn't have it wrong - it's unadopted POS. I've since found out that a management company was set up by the developer and they manage various bits around the site, funded by the residents. I'm waiting to hear back from them... ironically the management company is a trading arm of the original developer. Nepotism is fine when you keep it in the family!

A cluster**************** of a TPO related scenario that's really shocked me in the last couple of days. In short... 1900-2015 open-grown field oak, loving life. 2017 planning consent for circa 200 houses. Oak retained in Public Space (not adopted). 2018-2019 half of the tree's roots chopped off, soil levels altered, trenches dug within 6-7m, and houses built partly under canopy on one side. Tree pruned to remove branches overhanging property. 2023 (March) TPO request made to LPA (yes, me) 2023 (April) LPA serve TPO 2023 (June/July) Some ****************wit hacks it about without consent. No application on planning portal. Tree Officer not aware of any consented work. Nobody really knows who owns the tree as the consortium of developers will be very hard to find. And to top it all, a copy of the TPO is still attached the adjacent lamppost. The mind boggles. Question is, how to winkle out the culprits?

The previous 2009 application will be on file - check the online planning portal. The refusal notice has to state the TPO to which it applies.

I went to the dentist for a filling the other day. On entering my mouth with his tools he discovered a longitudinal crack in the tooth - not externally visible, and not apparent to me as the root had been killed a few weeks earlier. In any case, I left with a temporary filling and three quotes for a crown.... which he advised me to consider and act on within the immediate future. If your 'contract' is with the neighbour (and assuming the pruning of overhang is otherwise legal) then you could proceed as intended. Taking a little weight off can't be all that damaging in the grand scheme of things. Did the tree owner know about the work? Did you trespass to climb the tree? Have you contacted the tree owner and mentioned what you've found? etc etc...

Sorry if I panicked you further. My tone was one of frustration against the LPA as much as anything. The TPO should have been modified or replaced soon after the development was completed. I sympathise with your situation. But I wouldn't worry too much. You've done the right thing coming clean and touching base with them. If I were you I'd chase them up - perhaps try and find the Tree Officers direct line/email.

I would keep the bush neatly trimmed, to your satisfaction, not withstanding the often over-egged risk of subsidence. In times of drought - water it!!

Irrespective of how affable the local tree officer might be, if you are cutting trees covered by a woodland TPO without consent, you are breaking the law. Of course you need to be aware of the TPO boundary, type of Order etc etc. In any case, I would advise caution before accepting any advice about whats' right/wrong... If part of your property now falls within an area designated "woodland" under a TPO then I should jolly well find out a few details. Particularly if you have a long garden! Perhaps the Local Authority won't give a shit if you cut some tree bits on your cad BUT you should understand the ramifications. Maybe you could start a dialogue with the LPA by asking whether the TPO should be reviewed? As it may not be entirely palatable to have garden space included in a woodland Order. The fact that the Tree Officer doesn't mind a bit of pruning is no defence should the operations become subject to scrutiny!!!

I think that right is limited to an 'actionable nuisance'.... one which unduly interferes with the use or enjoyment of land. It needs to be a VERY serious matter! In any case, the trees would most likely only qualify if they're either a) completely FUBAR'd and very high risk to persons/property or b) have extended to the land of their neighbour and interfered e.g by causing physical damage. Tell your client to park on their own property rather than the road!

For what it's worth... I think you need to be mindful about what exactly you're doing? Typically you are instructed to help solve a problem. That problem comes from a (often under-explored NEED) whether that be a TPO app, Tree Risk Assessment, Planning Report, Expert Report... whatever. You are being paid for your opinion. Your opinion should be the 'sweet-spot' between you're knowledge & experience. Clearly you have knowledge & experience. Don't commit to, or rely on any deviation from where you are confident. A detailed Inspection may or may not be required to assess risk... and vice versa. Whatever you do report, you should have enough underpinning evidence/experience to be able to withstand cross examination. By Tree Officers, clients, solicitors...who ever. Personally, to assess risk I use whichever system is most appropriate .... or I simply make recommendations based on observation/facts/experience and underpin with appropriate evidence. In my opinion the most valuable off the shelf Tree Risk Management tool is VALID because it is the most robust, and is supported by essential risk management tools e.g. Tree Strategies etc. I am also slightly bias as Mr Evans & I share a love of negroni's and a penchant for simple, effective reporting.