Collette,
You need to be very confident that the trees are dangerous and be
willing to be to justify this in court if the LA takes proceedings
against you and/or the landowner.
I would talk to the tree protection officer and arrange an urgent
pre-application site meeting to discuss the extent of the problem.
He/she may agree with you.
Jonathan
On 01/06/06, Mark Smith <Mark.Smith@xxxxxxxxxxxxxxx.gov.uk> wrote:
Unfortunately Section 160 of the Town and Country Planning (Scotland)
Act is not as advanced as the TPO legislation in England. There are some
useful updates coming in the Planning Bill.
Dangerous trees are the only trees which can be removed without prior
consent and even then there is a burden of proof required to show the
danger.
If there is no immediate danger I would contact the Local Authority and
explain the obvious problem with a root rotting fungus.
I am sure the LA with be realistic.
I know I would be.
Mark Smith
Chartered Town Planner and Arboriculturist.
-----Original Message-----
From: Collette Briggs [mailto:hazel_catkins@xxxxxxxx.com]
Sent: 01 June 2006 15:17
To: UK Tree Care
Subject: Dead, Dying, Dangerous Query
I have a land owner with several very large spruce trees on his land in
Scotland that are protected under an area TPO. The tress are approx 40m
in height and have fruiting bodies of Heterobasidion annosum at their
bases.
Would the land owner be entitled to remove these trees without
submitting a formal application for consent?
Thanks
Cx
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Jonathan Mills
Cookley Landscapes and Arboricultural Consultants
17 Westhead Road North
Cookley
Kidderminster
01562 XXXXXX
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