The Town and Country Planning Act enables a local planning authority to issue a Tree Preservation Order against even a single tree. Once in place a TPO may prohibit the felling, lopping, wilful damage or wilful destruction of the tree without the prior consent of the local planning authority - so before you get to work with a chainsaw it is well worthwhile checking that your local council council hasn't got a TPO which applies to the tree in question. Local authorities often employ a 'Tree Officer' so it is worthwhile asking for him as your first port of call.
If you want expert advice on how to maintain, nurture and properly prune your trees look for an Arbiculturalist (Tree Surgeons, by comparison tend to undertake the physical work of tree management such as felling, pruning and pollarding). You will find the telephone number for the Arboricultural Association at the end of this article.
A Tree Preservation Order cannot prohibit the cutting down of trees that are dying or dead or have become dangerous, nor can it prohibit felling to abate a nuisance (such as substantially obstructing light).
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You may think the above leaves 'a little room for manoeuvre' but don't try to be too clever. For a start a tree may be 'wilfully destroyed' by negligence as well as deliberate intent: when contractors laying electric cables negligently damaged the root system of six large trees rendering them less stable, than a potential danger, they were found to be in breach of a TPO.
More importantly, if a tree is subject to a Preservation Order and is removed or destroyed for any reason (including being dead, dying or dangerous) the owner of the land must plant another tree of an appropriate size and species at the same place as soon as he can.
Check with your local planning authority and if there is a TPO, work with them - it makes life easier for everyone.
The Arboricultural Association:
Tel 01794 368717 |
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