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Have you helped out on 'Ask an Arborist' lately?
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Sadly it seems to me that as Ben mentions, a tree which obstructs the
highway can be removed by the highway authority under its statutory
powers, and thus is exempt from TPO control. The question perhaps turns
upon what is meant by 'obstructs' in this case.
Presumably, Ben, you've consulted with your local tree officer, who
assuming this is an Island tree I know will be keen to do what he can to
advise in this situation? Or if you wish to do so feel free to contact
me off forum.
Matthew.Chatfield.BSc.MIEEM.CEnv
Parks & Countryside Manager | Isle of Wight Council | Enterprise House |
St Cross Business Park | Newport | Isle of Wight PO30 5WB
Tel: (01983) 823893 | Fax: (01983) 520563
Email: matthew.chatfield@xxxx.gov.uk | Web: www.iwight.com/countryside
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 05 September 2008 15:35
To: UK Tree Care
Subject: RE: Highway tree responsibility
______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
______________________________________________________________________
Ben,
I'm sure some Highway Officers will clarify the position, but IMHO the
tree is not a hazard in any form as long as it's in a healthy, sound and
stable condition and therefore, if someone hits it, it should be down to
their own stupidity. What about the thread some short time back where
there were trees retained in the highway. The HA would be strongly
advised to make an application unless it could be clearly demonstrated
the trees were exempt or a statutory nuisance. What about low bridges.
Do they modify them? What about street furniture ... Road signs, traffic
lights. How many of them are level with the curb and get struck by
vehicles.
Ron Howe
Tree Officer
Environment Department
Mole Valley District Council
Pippbrook
Dorking
RH4 1SJ
Direct Tel. 01306 879 286
-----Original Message-----
From: ben riches [mailto:treecraft@xxxxxxxx.co.uk]
Sent: Fri, 05 September 2008 15:21
To: UK Tree Care
Subject: Highway tree responsibility
______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
______________________________________________________________________
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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