Missing tree

**BigBird** · 8th May 2014

Originally Posted by Over carl

That won't work. When we had those bad storms (87/88?) we had a tree outside our house that ended up leaning at about a 40� angle over the road. If it fell it would probably kill or injure anyone in it's path, and it definitely would have caused a lot of damage to the house opposite, and probably squashed their car if it was on the drive when the tree fell.

As we also were in a conservation area we contacted the council who told us we were not allowed to cut down the tree under any circumstance, and they would not indemnify us if we followed their order and the tree caused injury or damage.

Luckily the pixies took care of that one for us as it just vanished one day

I have a very large Ash tree in my property at the end of my garden. I like the tree but last winters storms have made me think about the damage it could do if it blew over. Unofficially I have been told I can't cut it down, or my preferred option of reducing its size. I have also been told unofficially that the council wont take responsibility if it does come down and take my house or garage with it. Another concern is that a couple of years ago a commercial property was built nearby and when they were fitting large drainage 6 foot diameter pipes in the car park they dug down to a depth of around ten feet and cut through some very large roots which were only about ten foot across from the base of the tree. The cut roots are on the opposite side of the tree to my house so the greatest risk is if the wind is blowing the tree towards my house. I assume they had planning for the drainage trench. I dont think it should have been allowed that close to the tree.

If I decide to sort it I will take my chances with the courts. There is no way I am going to let them ignore my concerns and dictate what I can and can't do but at the same time wash their hands of it if it comes down. I will have to dig out images I took of the trench and the cut roots in case I need them for my defense or for any claim if the tree does come down.

I am going to write to the local authority to see what the official line is. A friend told me to just cut it and claim ignorance, but ignorance is no defense in law so I would rather use the argument that the council are a bunch of wankers that are quick enough to dictate but wont take any responsibility when their orders are followed. (">

**danthescan** · 9th May 2014

Now if it were a Tree House you were selling then maybe the missing tree would be a problem,but other than that im stumped

**neilb** · 9th May 2014

Originally Posted by Over carl

That won't work. When we had those bad storms (87/88?) we had a tree outside our house that ended up leaning at about a 40� angle over the road. If it fell it would probably kill or injure anyone in it's path, and it definitely would have caused a lot of damage to the house opposite, and probably squashed their car if it was on the drive when the tree fell.

As we also were in a conservation area we contacted the council who told us we were not allowed to cut down the tree under any circumstance, and they would not indemnify us if we followed their order and the tree caused injury or damage.

Luckily the pixies took care of that one for us as it just vanished one day

If a tree that is protected by TPO or a Conservation Area suffers storm damage, you may carry out what ever work is necessary to make it safe without delay. The work must be the minimum required to make the tree safe and any additional work will require an application to the Council. You must inform the Council at the first opportunity if you have carried out work on a damaged protected tree, or if a protected tree has been blown down in your garden. You a may be required to replace a protected tree that has been blown down or felled.
It is important to remember it is your responsibility, if challenged, to be able to prove that any work you have carried out on a protected tree was essential to make the tree safe. Therefore, it is a good idea to make a photographic record of storm damage to protected trees prior to felling or removing them.

From

Maybe some councils have more sense than others or maybe they've just wised up a bit since then.

**Mr.James** · 9th May 2014

All I've learned through all of this is that trees are a proper pain in the ass. The place I'm moving to has about 6 large trees on the property, a couple of which look like they could crash through the roof. I wouldn't mind smaller trees, I just don't know if I want to risk speaking to the council about it and them placing a preservation order on them. �20,000 fine if you touch one of those...

**macmilm** · 9th May 2014

Get a good friend to burn the cunts down while you are out of the country (assuming not too close to anything important, like the house)

**Geko** · 9th May 2014

I live in London, so it may be different. But a guy in my borough cut down a tree with a preservation order. He got fined 10k. Not that I want to give you sleepless nights.

**macmilm** · 9th May 2014

I think the fines are ridiculous !!!!!!

Shockingly excessive imho unless he cut down a forest !

**Mr.James** · 9th May 2014

Originally Posted by Geko

I live in London, so it may be different. But a guy in my borough cut down a tree with a preservation order. He got fined 10k. Not that I want to give you sleepless nights.

I'm sure the same rules apply but a preservation order is not quite the same as one in a conservation area I don't think. If you request to cut a tree down in a conservation area, you have to give 6 weeks notice for the council to think about it. If they say yes, chop away. If they say no, then they slap a preservation order on it and you can be fined up to �20k if you cut it in any way.

But, I've found that only trees with a 7.5cm diameter @ 1.5m above the ground are covered in a conservation area... I have another tree the same in my garden, around the same height (if not taller) that is only 6cm. Proving in court that the missing one was over 7.5cm is going to be impossible surely?

**Mr.James** · 9th May 2014

What really takes piss that they don't have to let you cut it down even if you're willing to plant one in another location on your property. You could have a huge thing that's gonna squish your house if it falls the wrong way and they don't have to let you cut it down, or be liable if it damages your shit!