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A group of mature trees form a 'tunnel' over a well used country 'B' road.
This group is protected by a Group TPO.
A mature beech in this group has a large limb over the highway which gives a
clearance of 4.8m at the edge of the carriageway, less than the 5.2m
requested by the highways department. The limb is so significant that the
loss of it will mean the whole tree will have to be remove due to its
'unique' (wind battered) form.
The Highways Dept. have also requested 0.6m clearance in from the edge of the
carriageway be maintained. This would result in the loss of approximately 4
more mature trees and a significant feature in this small part of the world.
If a high-sided vehicle collided with this limb or any of the trees, who
would be responsible? The driver for driving without due care and attention,
the Highways Dept. for not maintaining a clear carriageway, or the tree owner
for allowing the tree to pose a hazard?
I guess as Highway Regs over-rule TPO protection that there is not a lot can
be done to protect these trees, or is there?
Regards
Ben
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