Tree Preservation Order and dead trees

[RogerS]

Having the initial stages of a skirmish with our local council. Some of our trees are covered by a TPO but have died. The Govt website quite clearly states that dead trees can be felled without permission from the council.

I sent some photos to our council tree people out of courtesy saying that I was intending to fell them.

"You have to fill a form in and get an arborists' report "....WTF ?

"That's not what the Govt website says"

They then sent me a link to their own website......which was their (wrong) interpretation of the legislation.

A quick Google of other councils suggests I am right. Anyone else have had similar experiences ?

 

[eribaMotters]

I would politely ask them to reconsider, attach a link to the relevant Gov website page and advise they have 5 working days to visit the site before you commence work. From what you say you are legally within your rights to proceed, but if they wish to wish to question this you have given a reasonable time frame for them to check.
You do not have to follow through on your proposed actions after 5 days, but you should get a timely response and the ball rolling without cost to yourself.

Colin

 

[Spectric]

You can see the logic in the councils request to get proof they are really dead trees and that you are not just felling them for wood or some other reason. I know that some councils have had issues with property developers who poison trees with diesel so they can clear land.

 

[SLM]

What he said… I would be surprised if there were not some provision within the legislation for proof of the condition of the protected tree, by a suitably qualified person.

 

[RogerS]

I would politely ask them to reconsider, attach a link to the relevant Gov website page and advise they have 5 working days to visit the site before you commence work. From what you say you are legally within your rights to proceed, but if they wish to wish to question this you have given a reasonable time frame for them to check.
You do not have to follow through on your proposed actions after 5 days, but you should get a timely response and the ball rolling without cost to yourself.

Colin

I did send them full details and even gave an explanation as to what the rules said. Their response was to send me back a section of their webpage which they concocted and based on their misinterpretation.

 

[RogerS]

You can see the logic in the councils request to get proof they are really dead trees and that you are not just felling them for wood or some other reason. I know that some councils have had issues with property developers who poison trees with diesel so they can clear land.

That is why you give them five days notice to come and have a look. But if the tree is dangerous then you can do the work immediately. Obviously sensible to document with photos.

 

[RogerS]

What he said… I would be surprised if there were not some provision within the legislation for proof of the condition of the protected tree, by a suitably qualified person.

There isn't other than the five days notice ....etc etc

 

[clogs]

had a deadish preserved tree next to my house......
it was just falling to bits.....
asked the council to view it and tell me what their plans were......
they said it would be OK and didn't need any work.....
I sent a recorded delivery letter explaing any damage to my property and or the general public the letter would be published in a national news paper.....they came and took it down.....

 

[PDW125]

It is the ‘Dead, Diseased, Dangerous’ clause - give them 5 days notice by letter or email with photos, and then get it removed. There is no requirement to follow their policy, it is stated in the legislation and you do not need permission. I am about to do the same myself, likelihood is the council will send their environment officer with a Ladybird Book of Trees under their arm and just say yes…

 

[SLM]

likelihood is the council will send their environment officer with a Ladybird Book of Trees under their arm and just say yes…

I would not assume that to be so; councils do employ qualified arboroculturalists.

 

[macetownhouse]

Having the initial stages of a skirmish with our local council. Some of our trees are covered by a TPO but have died. The Govt website quite clearly states that dead trees can be felled without permission from the council.

I sent some photos to our council tree people out of courtesy saying that I was intending to fell them.

"You have to fill a form in and get an arborists' report "....WTF ?

"That's not what the Govt website says"

They then sent me a link to their own website......which was their (wrong) interpretation of the legislation.

A quick Google of other councils suggests I am right. Anyone else have had similar experiences ?

Some people say “they will have great difficulty making you put them back up”……

 

[highwood122]

is the ‘Dead, Diseased, Dangerous’ clause - give them 5 days notice by letter or email with photos, and then get it removed. There is no requirement to follow their policy, it is stated in the legislation and you do not need permission. I am about to do the same myself, likelihood is the council will send their environment officer with a Ladybird Book of Trees under their arm and just say yes…

that is my experience also

 

[ChaiLatte]

In case anyone wants to see the legislation, it is here:

https://www.legislation.gov.uk/uksi/2012/605/regulation/14/made
Send the local council's complaints officer a link to the page above and the council's own page and ask why the council is appearing to contradict the law on their website.

 

[XTiffy]

We are building a house on a plot with NO trees but the council still wanted a tree report. The planning Officer had already visited the site and photographed it, so was fully aware of the situation. Box ticking at its worst. Council tree officer would not visit due to covid (other council officers had no problem visiting) but looked at the site "on the internet", presumably Google Earth, where depending on the path of the satellite, you get a distorted view.
When working in Cheltenham (1973), I remember a nearby village forming a protest ring around a tree that was condemned by a tree surgeon. When all the legal battles were over, the tree surgeon started his work and his son was killed by a large bough breaking off. As you can imagine the said tree huggers vanished.

 

[Terry - Somerset]

To be sure - get a proper arborist to provide you with a letter confirming their condition. You then have evidence that you acted appropriately should the council take action.

 

[stuckinthemud]

No evidence leaves you wide open to prosecution and an expensive defence action

 

[Yojevol]

No evidence leaves

No evidence OF leaves would be good evidence of death

 

[TomGW]

Dead and dangerous trees are not protected so you have no obligations under the legislation. As a retired planner and former planning officer I can fully agree that the council planning depts tend to be the most difficult bunch of bureaucrats to deal with, frequently misinterpreting legislation to suit the own purposes- in this case to pass the burden & cost onto you.

 

[RogerS]

In case anyone wants to see the legislation, it is here:

https://www.legislation.gov.uk/uksi/2012/605/regulation/14/made
Send the local council's complaints officer a link to the page above and the council's own page and ask why the council is appearing to contradict the law on their website.

Thank you for the link.

 

[RogerS]

To be sure - get a proper arborist to provide you with a letter confirming their condition. You then have evidence that you acted appropriately should the council take action.

And I'd be a couple of hundred quid out of pocket.