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Info Required Please - Steve Read (18th Jun 2008 - 20:28:02) Anybody out there know the actual ruling on cutting down and removal of an established broad leaf oak. Tree age about 80-100 years in good health (or was), no dangerous position. Removed to save the new owner money on his footings for his proposed extension.(not even in his property, but in adjacent field). I understand the problems in conservation areas but not sure about the rest. Maybe I'am mistaken but can we all run amok with a chainsaw.

Re: Info Required Please - Chris (19th Jun 2008 - 07:56:55) Not sure but I know that to have a sapling removed from a field near our last house I had to gain permission from the landowner prior to getting rid. The sapling was close to one of the outer walls of the house.

Re: Info Required Please - Dawn Hoskins (19th Jun 2008 - 10:46:43) Hi there. Members of the public can access this site for nothing www.gardenlaw.co.uk. You would be surprised how much litigation revolves around the garden! Basically if a tree on your land is covered by a TPO, or is in a conservation area you will need council permission. This involves explaining to the tree officer why it needs to be done - and they will usually come to see the tree before they make any decisions. Just because the tree is on your land, that does not prevent another person putting a TPO on it – so it is always a good idea to check first – you can now do this on-line on the EHDC web page. If it is not protected and not in a conservation area, then [you, your neighbours etc] need no permission and can, as you say ‘run amok with the saw’. However, this may depend on its position regarding public pavements and roads etc as you may need HSE approval to clear up the debris. If the tree is not yours (and not protect by a TPO), but is interfering with your property, you can cut any overhanging branches off (no further than the boundary however). It is a good idea to tell your neighbour that you intend to do this as it can cause world war three to break out – however, you are not legally obliged to communicate. The only legal duty is to give them back the branches that you have lopped off as they are not yours! Quite handy as it will save a trip to the tip. The actual legislation that deals with TPO’s is a badly drafted. The exemptions clause turns on the meaning of ‘necessary’ and it has caused lots of problems. “The TPO shall fall away if cutting, topping or lopping etc is necessary for the abatement of a nuisance”. The problem in this interpretation is that, if other measures can be taken (however expensive they may be) then the council may oppose lopping etc especially if it is a tree that lots of people can see (amenity value). This flies in the face of the law of nuisance and it has been ruled that if a protected tree causes a nuisance and it is clear that to remedy the problem all you need to do is lop, top, chop or uproot - then the cause of the TPO will fall away. Therefore, if a TPO tree is causing you a problem; the council are not actually allowed to make you remedy the situation yourself.

Re: Info Required Please - Gary Renouf (19th Jun 2008 - 13:23:51) You need to contact your local planning authority on this one as the tree may have a presivation order on it . Any cutting it down with out permission can land you in hot water. Better to check and be safe. Mind you I could turn the wood into something nice , come along to fun day this weekend to see Thats it getter another plug in for the fun day see you there

Re: Info Required Please - Steve Read (19th Jun 2008 - 22:29:45) Thanks everyone especially Dawn. You are quiet correct as I have had confirmed today unless there is the TPO and outside any conservation area you can cut away for fun. Just seems a shame to me especially with an oak in good health and not causing no trouble to anyone.

Re: Info Required Please - Mike Grimes (20th Jun 2008 - 00:04:04) Interesting point that, I have a quantity of rather nice oak furniture in the house. That did not happen without cutting down a tree. Much more important to make sure another one grows in it's place than trying to protect every tree.

Re: Info Required Please - Steve Read (20th Jun 2008 - 18:36:37) Must be my lucky day, learnt three things from this one request. Learnt all about TPO's etc. Plus Oak furniture comes from Oak Trees, amazing, and then to find out you have to cut down the tree in the first place before the furniture can be made. Put me down for the next pub quiz please.

Re: Info Required Please - Sue (20th Jun 2008 - 23:23:38) Steve Sorry, Mike's by far the best candidate! Nothing but the obvious will do. I think Dry Rot has set in??

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