Dropping a tree in conservation area

Dropping a tree in conservation area

Author
Discussion

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
Hi all, have a very big tree leaning, weakened and diseased in direct line of a public building next door.

Tree surgeon confirmed and said it needs dropping asap.

The council replied as you’d expect “you need planning” and if it’s a “threat to life” you can take it down but you could be prosecuted, suitably vague!

I have the report saying it’s a danger to life, 8 weeks for planning would be too risky.

So in answering my own question am I over thinking the risk of prosecution and should just drop it?

TonyRPH

13,224 posts

179 months

Thursday 13th March
quotequote all
We had a similar situation a couple of years ago, and the tree surgeon said that due to imminent danger, they could fell the tree and apply for planning retrospectively.

I'm surprised your tree surgeon hasn't suggested this?


Desiderata

2,680 posts

65 months

Thursday 13th March
quotequote all
Speak to your council's tree officer. If he/she agrees with your tree surgeon, you'll get the go-ahead straight away, no need for planning permission.
I'm surprised your tree surgeon didn't tell you this, most decent ones have a working relationship with the council tree officer and it's virtually a rubber stamping.

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
He has, and I’m not normally a worrier, l’m just concerned the council could change like the wind and come after me

loskie

6,048 posts

131 months

Thursday 13th March
quotequote all
Speak to your insurer if you have legal advice cover. I'd say go for it BUT would the tree surgeon/Arborist be happy to stand as a witness in court if so required?

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
Desiderata said:
Speak to your council's tree officer. If he/she agrees with your tree surgeon, you'll get the go-ahead straight away, no need for planning permission.
I'm surprised your tree surgeon didn't tell you this, most decent ones have a working relationship with the council tree officer and it's virtually a rubber stamping.
Tried this, was told to apply for planning and sent the email of could risk prosecution.

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
loskie said:
Speak to your insurer if you have legal advice cover. I'd say go for it BUT would the tree surgeon/Arborist be happy to stand as a witness in court if so required?
He would yes, stands by his advice to drop it.

RichB

53,403 posts

295 months

Thursday 13th March
quotequote all
Do you not fell trees these days or does 'drop' sound a bit more hard core? hehe

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
RichB said:
Do you not fell trees these days or does 'drop' sound a bit more hard core? hehe
Makes me sound like I know what I’m doing 😂

TownIdiot

2,828 posts

10 months

Thursday 13th March
quotequote all
Take loads of photos and if it is as you say you will be fine.

TT86

107 posts

34 months

Thursday 13th March
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It depends on your council. My parents neighbour employed a tree surgeon to fell two ash trees with TPOs on them in my parents garden (rear wooded section they rarely check) as I suspect they were shading his garden.

Parents realised what was happening when one was down and the other 2/3 down. The council couldn't have cared less. Absolutely no hint of a prosecution.

I went back and reclaimed all the ash though which I've burnt this winter in the stove so it's not all bad news.

The research I did however did suggest if dangerous they can be felled to the degree to make them safe. If a dangerous limb, just remove that. If the whole tree is dangerous then of course it'll all have to come down and you alert the council afterwards.


Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
TT86 said:
It depends on your council. My parents neighbour employed a tree surgeon to fell two ash trees with TPOs on them in my parents garden (rear wooded section they rarely check) as I suspect they were shading his garden.

Parents realised what was happening when one was down and the other 2/3 down. The council couldn't have cared less. Absolutely no hint of a prosecution.

I went back and reclaimed all the ash though which I've burnt this winter in the stove so it's not all bad news.

The research I did however did suggest if dangerous they can be felled to the degree to make them safe. If a dangerous limb, just remove that. If the whole tree is dangerous then of course it'll all have to come down and you alert the council afterwards.
Fortunately not a TPO tree, just conservation area. The 2 sycamores next to it are tagged and fine. It’s just this huge lime tree that spilt and a right pain. Decent stock of fire wood I guess (when dry)

TownIdiot

2,828 posts

10 months

Thursday 13th March
quotequote all
Wilco500 said:
Fortunately not a TPO tree, just conservation area. The 2 sycamores next to it are tagged and fine. It’s just this huge lime tree that spilt and a right pain. Decent stock of fire wood I guess (when dry)
All trees are TPO in a conservation area - or they certainly are in England.

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
TownIdiot said:
Wilco500 said:
Fortunately not a TPO tree, just conservation area. The 2 sycamores next to it are tagged and fine. It’s just this huge lime tree that spilt and a right pain. Decent stock of fire wood I guess (when dry)
All trees are TPO in a conservation area - or they certainly are in England.
Scotland so perhaps different but the ones on our land are tagged with a badge that are.

TownIdiot

2,828 posts

10 months

Thursday 13th March
quotequote all
Wilco500 said:
Scotland so perhaps different but the ones on our land are tagged with a badge that are.
If there's no TPO (blanket or otherwise) why would you need planning?

Wilco500

Original Poster:

68 posts

79 months

Thursday 13th March
quotequote all
TownIdiot said:
Wilco500 said:
Scotland so perhaps different but the ones on our land are tagged with a badge that are.
If there's no TPO (blanket or otherwise) why would you need planning?
Conservation area. Council site stipulates planning is needed.

jules_s

4,646 posts

244 months

Thursday 13th March
quotequote all
Be mindful of bird nesting too...

TownIdiot

2,828 posts

10 months

Thursday 13th March
quotequote all
Wilco500 said:
Conservation area. Council site stipulates planning is needed.
So in effect a blanket TPO.

I suppose the choice is apply and hope it doesn't fall down or crack on.

What's the worst outcome?

hidetheelephants

28,920 posts

204 months

Thursday 13th March
quotequote all
They felled two of your parents mature trees? Criminal damage, even if dibble don't care mature trees are thousands, threaten them with MCOL.

For the OP; if the tree surgeon says it's urgent and is willing to put that in writing I'd go ahead with it as soon as possible. No council is going to waste money losing in court on something like that.

cliffords

2,180 posts

34 months

Thursday 13th March
quotequote all
If it falls over and hurts or kills someone, you will get sued anyway. Just chop it down immediately.Life is too important to risk.