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: Howe, Ron
Date: Dec 18 2018 12:21:15
Hi Rupert,

Let's turn this around. What would lead anyone to believe that a fallen, 
naturally removed, tree is subject to the exemptions below and thus subject 
to the automatic replacement clause (unless waivered by the LPA)?

14.—(1) Nothing in regulation 13 shall prevent—
(a) the cutting down, topping, lopping or uprooting of a tree—
(i) which is dead;
(b) the removal of dead branches from a living tree;
(c) the cutting down, uprooting, topping or lopping of a tree, to the extent 
that such works are urgently necessary to remove an immediate risk of serious 
harm, or to such other extent as agreed in writing by the authority prior to 
the works being undertaken;
(2) Where paragraphs (1)(a)(i) or (1)(c) apply, notice in writing of the 
proposed activities shall be given to the authority—
(a) in the case of works urgently necessary to remove an immediate risk of 
serious harm, as soon as practicable after the works become necessary; and
(b) in any other case at least five working days prior to the date on which 
the works are to be commenced.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Rupert Baker
Sent: 17 December 2018 17:07
To: UK Tree Care
Subject: duty to replace a tree that falls over of its own accord

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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