UKTC Archive

RE: Powers to require that a "dangerous" tree be removed

Subject: RE: Powers to require that a "dangerous" tree be removed
From: Alastair Durkin
Date: Oct 26 2020 08:53:45
Hi Jonathan - what Paul said, but also adding that the powers available are 
discretionary, and different LAs will no doubt have different polices for use 
or otherwise of the Misc Provisions Act powers. 

UKTC has got into what happens if an LA is asked to act. and they choose not 
to, and then someone gets hurt, but it just rumbled on without a conclusion I 
think! 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Home
Sent: 23 October 2020 18:02
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Powers to require that a "dangerous" tree be removed

HI Jonathan

Think you’re probably looking for Local Gov (Miscellaneous Provisions) Act 
1976, section 23.  The LA has power to take action under Act, initially 
instructing the owner to make safe, or failing that, the LA may act itself.  
If the owner cannot pay for the work a land charge can be placed on the 
property.

If I remember rightly need to be approached by concerned person who could be 
directly affected by the said tree.  The Environmental Health teams are 
usually the ones with the knowledge and power to enforce.

If the tree affects the highway, the the Highways Act maybe most appropriate 
response, via Highway Dept.

Regards
Paul

On 23 Oct 2020, at 17:37, Jonathan Hazell <go2jonathan.hazell@xxxxxx.com> 
wrote:

Dear all,

Are there powers available that will require a tree owner to remove a 
tree that has been assessed by someone to be "dangerous" to third parties?

I know about S215 of the TCPA, but I don't think it applies to a 
dangerous tree, does anyone know different?

Does the HSE have any powers?

Or is it simply a civil matter?

Jonathan

Jonathan Hazell
07501 XXXXXX
jhazell.com



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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk