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: Rupert Baker
Date: Dec 17 2018 19:02:33
My feelings as well, David; trouble is it is on the edge of an arable 
field..........
Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of "David Lonsdale"
Sent: 17 December 2018 17:32
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: duty to replace a tree that falls over of its own accord

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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The UKTC is supported by Bosky Trees arboricultural consultancy
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