Help! How can I stop contractors removing our tree?
Help! How can I stop contractors removing our tree?
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TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
quotequote all
They're about to start on it and the highways dept. have told me that we can't stop it. They said that they do not want claims for damage to property and have authorised a blanket removal of trees along the entire street.

The highways dept. also told me there's no legal way of stopping it but that I don't believe.

johnxjsc1985

15,948 posts

194 months

Tuesday 20th December 2016
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TroubledSoul said:
They're about to start on it and the highways dept. have told me that we can't stop it. They said that they do not want claims for damage to property and have authorised a blanket removal of trees along the entire street.

The highways dept. also told me there's no legal way of stopping it but that I don't believe.
some Councils have Tree preservation officers give them a call if they can stop it they will.

TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
quotequote all
Just to add, it's on the grass verge outside our garden which we maintain. The council never comes and cuts the grass there etc. so surely they can't suddenly decide to remove the tree?

pc.iow

1,879 posts

233 months

Tuesday 20th December 2016
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NiceCupOfTea

25,595 posts

281 months

Tuesday 20th December 2016
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Interesting, but just to show the other side, our close has trees all the way down the pavement - they are lovely and give a really leafy feel, but obviously they are growing! The one out of the front of our house hasn't been kept on top of and the crown is well over our front garden with resultant leaves / bird droppings on cars (1st world problems!), but also the paving slabs are becoming uneven on the pavement and the kerb stones are a mess and have been pushed out of line into the road (have already damaged a wheel parking there).

Whilst I sympathise and I would hate all our trees to be removed, at least your council is being proactive in preventing damage. Ours just came and relaid a couple of slabs and trimmed off low hanging branches when they were in the way of pedestrians. A yearly/bi-yearly cut back would have kept it in check...

KevinCamaroSS

13,846 posts

310 months

Tuesday 20th December 2016
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TroubledSoul said:
Just to add, it's on the grass verge outside our garden which we maintain. The council never comes and cuts the grass there etc. so surely they can't suddenly decide to remove the tree?
Is it your property or the council's property? If yours, then no, if theirs then yes of course they can if there is no preservation order on it.

Bill

58,750 posts

285 months

Tuesday 20th December 2016
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TroubledSoul said:
They're about to start on it and the highways dept. have told me that we can't stop it. They said that they do not want claims for damage to property and have authorised a blanket removal of trees along the entire street.

The highways dept. also told me there's no legal way of stopping it but that I don't believe.
You need a tree preservation order, but I have no idea how quickly that can happen.

Councils aren't spending money without reason at the moment, so I don't suppose they're doing it without good reason.*


*Local government fkwittery notwithstanding....

barryrs

5,042 posts

253 months

Tuesday 20th December 2016
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I saw a piece on TV regarding this issue a couple of months ago.

It was the LA appointed contractor (Amey in this case IIRC) that was pushing the removal of trees as they had a contract for the maintenance of the LA's highways and by removing trees it cut down on the amount of future remedial works.

TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
quotequote all
Highways dept said they've auth'd it. Title plan appears to show our boundary as being where the garden wall is, if the dotted line represents the side of the road.

Atomic12C

5,180 posts

247 months

Tuesday 20th December 2016
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Seems to be standard practice these days for councils to take the 'easy' option and fell trees.

There was a program about it on BBC? a while back in how Amey contractors (I think) were felling trees everywhere without any real consideration. It was purely to prevent the american culture of compo claims if branches fell off in high winds. (Program was titled something along the lines of "how do councils spend our money").

So it seems like a case of have all the trees removed in proximity to property and people, or stop the people from being too american. wink

I joke a little but I do follow your sentiment of not wanting a tree felled needlessly, just because people are greedy and inconsiderate with claiming for money at any expense.

Not sure what you can do about it as contacting your council will be pointless.
Contacting the local environment agency may not get you anywhere either.

But I think the council do have to state a case for each tree to be felled. They have to list the reason for the felling and this can't just be a blanket reason that covers all trees that may be within the boundary of the highway/road.

Good luck with it.


edit to add : could have been this program : http://www.bbc.co.uk/programmes/b0803b0s
(although there were a few of them in a mini-series)

TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
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Cutting has started frown

yellowjack

18,502 posts

196 months

Tuesday 20th December 2016
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TroubledSoul said:
Just to add, it's on the grass verge outside our garden which we maintain. The council never comes and cuts the grass there etc. so surely they can't suddenly decide to remove the tree?
My neighbour is struggling to get the council to come out and cut back/trim some of the large tree outside our houses. She's gradually lost a lot of light into her front windows over the years as it's grown, but they're not at all interested in doing any maintenance. To be honest, all of the trees in the street could do with trimming, but (selfishly speaking) we're OK for light getting through. I'm sure my neighbour would happily swap councils with you if she could!

I'm in a similar position with regard to maintaining the verge. I mow it, rake up leaves, clear litter etc. But I'd never consider it to be 'my verge' or 'my tree'. I'm bummed off at the moment because a neighbour has dumped a (perfectly legal, taxed/insured/MOT'd) car outside my house. No problem with the car itself parking there, but it never moves so I can't clear the leaves from the gutter to make the street look nice right now...

TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
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No it would appear we have no rights and it's tough luck.

yellowjack

18,502 posts

196 months

Tuesday 20th December 2016
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TroubledSoul said:
No it would appear we have no rights and it's tough luck.
Perhaps you should have taken 'direct action' and circled the wagons. Park a bunch of cars under the tree and they can't work on it, surely?

Too late now, I realise, but maybe direct action and involving the local press might have garnered some sympathy from your LA. Do your neighbours share your horror at the loss of the trees? Or might some of them be happy to see them go?

anonymous-user

84 months

Tuesday 20th December 2016
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It's quite common now and most councils are at it because, as said, future maintenance is easier and the risk of claims for all sorts of damage are eliminated.

There's a standard that they aim for:

"The standard target for vegetation clearance on A and B roads is 5.3m over the carriageway, 1m behind the edge of the carriageway, 3m over the footway and 500mm behind the back edge of the footway. Clearances on other roads reflects the type of traffic and road use."

Whatever that means........

PAULJ5555

3,554 posts

206 months

Tuesday 20th December 2016
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Councils - you gotta love em.

essayer

10,410 posts

224 months

Tuesday 20th December 2016
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You should have tied yourself to the tree to buy some time.

SmoothCriminal

5,951 posts

229 months

Tuesday 20th December 2016
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anonymous said:
[redacted]
Sounds about right.

TroubledSoul

Original Poster:

4,668 posts

224 months

Tuesday 20th December 2016
quotequote all
I'm at work so unable to take any direct action.

The story they gave me was as follows:
District council won't take responsibility for the trees or paying out on damage to property claims arising from them. The county council didn't plant them and having now paid out on a couple of claims, want no more responsibility for them.


The Mad Monk

11,541 posts

147 months

Tuesday 20th December 2016
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TroubledSoul said:
They're about to start on it and the highways dept. have told me that we can't stop it. They said that they do not want claims for damage to property and have authorised a blanket removal of trees along the entire street.

The highways dept. also told me there's no legal way of stopping it but that I don't believe.
It's your tree and you can stop them from removing it. Stand in you garden with your arms round the tree.