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Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
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I have to admit I struggle with the apparent contradictions inherent in the
TPO application system and haven't come up with a universal solution.
Gilbert Addison | Tree and Countryside Officer |Breckland Council
Office: 01362 656873 Fax: 01362 656297
DDI: 01362 656243 | Mobile: na
Elizabeth House, Walpole Loke, Dereham NR19 1EE
gilbert.addison@xxxxxxxxxx.gov.uk |www.breckland.gov.uk
-----Original Message-----
From: Jonathan Astill [mailto:jastill@xxxxxxxxxxxxx.gov.uk]
Sent: 04 September 2008 16:47
To: UK Tree Care
Subject: Interpretation
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<<<<<<< Don't forget! >>>>>>>
Andy Poynters' survey on hard surfaces near to trees
http://www.surveymonkey.com/s.aspx?sm=sVv9yNRZMgYvBpdQalL3Ng_3d_3d
Go on, fill it in now!!
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Hi all
I would be interested in hearing how the other TOs out there will be
dealing with this new requirement under the amended regs:
(iv) appropriate evidence describing any structural damage to property or in
relation to tree health or safety, as applicable.
I am comfortable with structural damage part yet I have concern with the
required evidence for tree health or safety. If the TO is determining the
application, then they should have the knowledge, qualifications and
experience to do so (in almost all cases) in the absence of an independant
report. Agreed, a independent and sometimes contrary view from a fellow
professional can be very useful to assist the decision making process, but is
frequently not essential and could pose an considerable and unecessary
expense to the client.
Scenario 1
* Application received from Mrs Miggins proposing tree is removed
because it is dangereous. No justification to support this statement.
* TO rejects application as desk top exercise as it does not meet
requirements. Sends application back to Mrs Miggins asking for evidence.
* Mrs Miggins gets a consultant in to confirm that the tree has
significant defects/decay and poses an unacceptable risk.
* Mrs Miggins parts with large sums of money for report and
provides s.198(6) notice or submits application with report appended.
* TO visits to determine application or check on s.198(6) and
confirms within one nano-second of seeing the tree that it should be pruned
at ground level.
* Mrs Miggins gets cold over the winter because she can't afford
the gas bill.
Scenario 2
* Application received from Mrs Miggins proposing tree is removed
because it is dangereous. No justification to support this statement.
* TO rejects application as desk top exercise as it does not meet
requirements. Sends application back to Mrs Miggins asking for evidence.
* Mrs Miggins gets a consultant in who says it's OK. Its just a
bit big and sways a lot.
* Mrs Miggins parts with large sums of money and reluctantly
accepts the findings.
* Mrs Miggins gets cold over the winter because she can't afford
the gas bill. Whilst she's made a saving by not having the tree felled,
she was relying on the logs to stoke her wood burner.
Scenario 3
* Application received from Mrs Miggins proposing tree is removed
because it is dangereous. No justification to support this statement.
* TO accepts application because they want to Mrs Miggins to stay
warm this winter.
* TO visits to determine application. Its a close one, but the TO
goes down the refusal route and provides a comprehensive reason with the
decision notice.
* Mrs Miggins doesn't accept the findings and appeals.
* Appeal dismissed but she has not had the opportunity to
elaborate or counter the TOs reason for refusal.
* LPA get wrapped on knuckles for registering application without
appropriate evidence.
The key words in the above requirement are 'as applicable'. But how do you
know what is applicable at the registration stage?
Jonathan
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