Help - Legal advice - Mature oak tree

[Marlow11]

Hello all,

Can anyone clarify what the law is on cutting down a mature oak tree to gain access for a new housing development.

Cheers

[randlemarcus]

Depends on where you live, as to the exact rules. Basic rules are if mature equals more than a certain trunk size, the local council, and specifically the tree chappie, will either be your best friend (if you want to save it) or your worst enemy (if you want to develop beyond it).

If it has a tree preservation order on it, its very wise not to chop it down.

[eldar]

All depends if it has a tree preservation order or not. If not, the owner can chop it down and sell it.

[Marlow11]

All,

Thanks for replies, but it is the local council who want to cut it down to gain access to a field where i grew up. The council want to build houses on the field and the only access is where the tree currently stands. As the tree is about 150 to 200 years old, i don't agree - I used to climb this tree when i was a lad!!
just to add, the local council is saying that the tree is decayed but i don't agree. Every mature oak tree that i see has the odd dodgy branch or two. The trunk on this one is solid.

Thanks

[oldbanger]

Marlow11 said:

All,

Thanks for replies, but it is the local council who want to cut it down to gain access to a field where i grew up. The council want to build houses on the field and the only access is where the tree currently stands. As the tree is about 150 to 200 years old, i don't agree - I used to climb this tree when i was a lad!!
just to add, the local council is saying that the tree is decayed but i don't agree. Every mature oak tree that i see has the odd dodgy branch or two. The trunk on this one is solid.

Thanks

Actually the whole decay = danger issue for oak trees is a bit of a myth anyway. Hollow trees are actually far more resilient to wind than solid ones and "stag head" (lots of dead branches in the crown - like stag antlers) actually increases the life span of a tree - it does not signify that the tree is sick at all.

[randlemarcus]

http://www.communities.gov.uk/publications/plannin... outlines the TPO process.

As it involves the Local Planning Authority, who in your case, want rid, it seems unlikely to be a source of help. It might still be worth talking to the Tree chappie, in case he isn't wholly happy about it.

The alternative would be to get in touch with a local historical society, and, using a tenuous link to Charles the First, get the local rag making noises about it that might embarrass those public officials with fingers in the planning pie to think again about destroying the cultural heritage etc etc. (Then have a look for relationships to the builders)

[wagon and horses]

To give you an idea of how much of a b#stard the rules can be:

There is a patch of land that the power board owns across the road from my old mans house - someone proposed to buy the land and build his dream house.

My old man did not like this (would ruin his view apparently).

1 phone call and written application later and there was a preservation order on a single tree in the middle of the plot.

The house could therefore not be built.

[Mighty Flex]

TPO if you can get one on it is your friend. If you already have applied for it and the tree has been decided not worthy of a TPO then there isn't much you can do. (maybe getting a hippy to tie themselves to it? )
Not much doubt about it being a mature tree - there is a slight grey area with some things based on size and if they are even trees or not. For example leylandii are only 'shrubs' however big!(good thing too)
Even if you do get a TPO there are certain situations where they can cut it down anyway, or at least cut it violently...

[NDA]

Some developers will remove the tree despite a TPO and accept the fine.

I doubt a council would do this, so a TPO is definitely the way to go.

[Kays vRS]

They would need to get the tree surveyed to see if it's being used by bats aswell. It's illegal to remove a tree that has bats in it (if it has rotting bits it might well have).

[Mighty Flex]

I suppose some bats could 'move in', or maybe some crested newts?

[Marlow11]

TO ALL,

Thanks for all the help and replies, please keep advice coming as i don't want to see this tree felled.

[x type]

Isn't it the council's tree specialist who slaps a preservation order on the tree ?

Around here it is .

[Kays vRS]

x type said:

Isn't it the council's tree specialist who slaps a preservation order on the tree ?

Around here it is .

Yes ... it'll be the local planning authority that places TPOs on trees. You need to contact them to ask if there is a TPO on the tree, or if there can be one placed on it. If it has landscape / wildlife value (or if it's a good example of that species in the loal area) you might be able to get one placed on it, so it's worth checking.

[Puggit]

TPOs aren't worth the paper they are printed on:

http://www.getreading.co.uk/news/s/2000687_battle_...

Tesco/developers escaped with a tiny fine for each tree.

[rolex]

Have you considered Dignitas? If the tree can be uplifted with it's roots intact it can be shipped to Switzerland for a dignified death in a private room.

[Simpo Two]

randlemarcus said:

The alternative would be to get in touch with a local historical society, and, using a tenuous link to Charles the First, get the local rag making noises about it that might embarrass those public officials with fingers in the planning pie to think again about destroying the cultural heritage etc etc.

Or fill it with natterjack toads...

[Boosted LS1]

Oak trees are an eco system on their own. They support all sorts of other life. Get onto local conservation groups as well.

[Spudler]

Go and see the Landscape Officer with a petition, they don't need much of an excuse to slap a TPO on it. If its a conservation area then its a near certain.

[treehack]

If planning permission has been granted for the new development then the tree is a goner I'm afraid. The planning committee would have already considered the tree and stipulated any conditions relating too it.