cutting down a tree on council land

[mickthetree]

Popped round to see my folks yesterday and found that their new neighbour (opposite) has removed a council owned tree from a grass verge outside their property. The footpath separates their garden from the grass verge.

They have recently bought the property and cut out the front garden and installed a driveway. I believe the planning rules in our area have changed recently requiring planning permission if you want to instate a driveway. It is after all a dramatic change to the frontage of the property.

No notice of any works was given and all of the other neighbours were out when the tree was removed. It was quite big so would have taken some time.

Doing some reading it appears that as long as it isn't a conservation area and the tree doesnt have a TPO then you can do what you like. That doesnt seem right to me and I hope to be corrected.

I'm waiting on a response from the council but that could take some time so I thought I'd see if anyone here has experience.

 

[Water-Mark]

I don't think i've ever heard of a tree on a highway that wasn't protected in some way.

Though if they did have permission to remove it likely as not no notice of works would be given.

I'd notify the local tree officer, they do take this sort of thing very seriously and even if they can't prove what happened they will re plant.

 

[blackrodd]

I just Googled cutting down a tree law, and there are several listings including the need for a licence from the forestry comision, in some instances.
Regarding the new drive way, I thought that permission was needed to lay the drop kerb, for starters,
Followed by permission for work to fences and hedges etc.
I suggest you Google that as well.
HTH Regards Rodders

 

[sdjp]

Doing some reading it appears that as long as it isn't a conservation area and the tree doesnt have a TPO then you can do what you like ...

provided that you: Own the own the tree, and either have a permit, or one of the specific exemptions applies. (http://www.forestry.gov.uk/england-fellinglicences).

In this case, from what you have said, it would appear that they did not own the tree, and therefore that would surely count as some from of vandalism, or theft? (Otherwise, surely, any council owned tree is fair game for anyone with a saw and a thirst for green wood…)

If it transpires that they do own the verge, then they probably had the right to cut it down.

The forestry exemptions are there for a number of reasons, but 'a designated open space (Commons Act 1899)' may apply in this case, or might not (trees in a garden are exempt, and there's an exemption for small trees, and for a small volume per year per owner; hence why the majority of people don't need to care about this). I'm not sure that it's clear that they will have fallen foul of this; but if you want a 'legal' angle to engage on, then there might be merit in enquiring if the proper listening was obtained. That's for the Forestry Commission, not the council, and I would be unsurprised if the Commission felt it wasn't worth looking into to. They are wanting to protect forests and woodlands, not individual trees.

 

[mickthetree]

well I am most impressed with the council. a quick phone call and it has been answered.

The tree is on a grass verge on the public footpath. This is owned by the highways agency as is the tree. They have a process whereby you can request removal of a tree if it is obstructing your property. The fact that the tree was there first seems not to matter.

The fact that it is a tree lined avenue seems to have no relevance.

So it looks like they have played the system as it is supposed to be and have not done anything wrong.

Seems such a shame to pull down a perfectly healthy, lovely looking tree to make way for a driveway, but hey, who am I to argue with progress.