______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
______________________________________________________________________
I think you'll find, Ben that the highway authority only has a stat. duty
ref the 5.3m clearance on 'principal highways' - and a well-used b road
would not count as such
Hope that helps
Rupert
-----Original Message-----
From: ben riches [mailto:treecraft@xxxxxxxx.co.uk]
Sent: 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
_________________________________________________________________
Win New York holidays with Kellogg's & Live Search
http://clk.atdmt.com/UKM/go/111354033/direct/01/
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
