UKTC Archive

Re: duty to replace a tree that falls over of its own accord

Subject: Re: duty to replace a tree that falls over of its own accord
From: "David Lonsdale"
Date: Dec 17 2018 17:31:43
If 'Phoenix regeneration' looks possible, then please give the tree a chance to survive.
DL

-----Original Message----- From: Bill Anderson
Sent: Monday, December 17, 2018 5:17 PM
To: UK Tree Care
Subject: Re: duty to replace a tree that falls over of its own accord

My advice to the LPA would be to avoid involvement in this issue as they
would look fantastically unreasonable if they were to demand a replacement,
and if it was under a TPO I'd revoke it. I think the CA regs mean a
replacement can be required but if I were a TO I'd let it go, unless I'd
got a bag full of grant money to dish out that is....

Bill.

On Mon, 17 Dec 2018 at 17:07, Rupert Baker <rupert_baker@xxxxxxxx.co.uk>
wrote:

Dear Collective,

I've been trying to confirm that it is in fact necessary to replace a tree
that falls over; but both the online blue book, and Mynors, only deal with
trees that have been removed because dead or dangerous; am I right in
assuming that, if a tree falls over of its own accord, then it must also be replaced? I thought so, and imagine it must be the case, but that specific (and not uncommon) occurrence is not mentioned in the sources I have looked
at. In this case we are talking about an old (near-veteran) oak which has
fallen over.  The client's tenant wants to cut it up and remove it.

If he/they do so, they will have removed the tree; but if it is left in
situ
as a habitat, it has not been removed;  it has uprooted itself; in this
case
it has not completely uprooted itself;  and there is a (faint) possibility
it may remain alive and regenerate as a 'phoenix' tree. So what is its
legal
status, and should a replacement be required by the LPA?

Atb



Rupert






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