replanting of dead tpo tree

replanting of dead tpo tree

Postby craftsman » Tue Aug 21, 2012 10:27 am

I have removed a dead sycamore from an area of woodland I own which is covered by a tpo .
As the dead tree was exempt from the tpo can the council force me to replant ?
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Re: replanting of dead tpo tree

Postby TO » Tue Aug 21, 2012 7:45 pm

hi

craftsman wrote:I have removed a dead sycamore from an area of woodland I own which is covered by a tpo .
As the dead tree was exempt from the tpo can the council force me to replant ?
Yes

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Re: replanting of dead tpo tree

Postby WILL*REMAIN*STRONG » Tue Aug 21, 2012 8:47 pm

craftsman wrote:I have removed a dead sycamore from an area of woodland I own which is covered by a tpo .
As the dead tree was exempt from the tpo can the council force me to replant ?

If it died, I'm not sure re-planting it will work, it might stay dead. :?
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Re: replanting of dead tpo tree

Postby craftsman » Tue Aug 21, 2012 10:58 pm

:lol: :lol: should have said plant a replacement
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Re: replanting of dead tpo tree

Postby ukmicky » Wed Aug 29, 2012 4:49 pm

Why was it exempt from the TPO , i thought a TPO still covers a dead tree.

TO .

Do you have a link to the legislation inregards to be ordered to replant.


Ive never read it but would like to.
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Re: replanting of dead tpo tree

Postby withreason » Wed Aug 29, 2012 5:28 pm

It's not that straightforward, the LPA have the powers to dispense with the duty to replant ..

Section 11

http://www.communities.gov.uk/documents ... sguide.pdf
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Re: replanting of dead tpo tree

Postby ukmicky » Wed Aug 29, 2012 8:34 pm

According to that there is no duty to replant if the tree is part of a woodland and has not been removed in contravention of the TPO.

If the tree was dead ,diseased or dangerous removal is not in contravention of the TPO,so no duty to replant can be imposed .

Or am i missing something
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Re: replanting of dead tpo tree

Postby withreason » Wed Aug 29, 2012 9:31 pm

I'm not sure what they mean when they say if the tree is outside woodland. Does it mean within the area of the TPO but not within an actual woodland, that is a single tree standing outside the woodland?

Dead, Dying and Dangerous Trees
6.2 The LPA's consent is not required for cutting down or carrying out work on trees which are dead or dying or have become dangerous.62 In the Secretary of State's view, this exemption allows the removal of dead wood from a tree or the removal of dangerous branches from an otherwise sound tree. If a tree outside a woodland is removed under this exemption section 206 of the Act places the landowner under a duty to plant a replacement tree at the same place


62 See section 198(6)(a) of the Act. Under the felling licensing system (see section 9 of the Forestry Act 1967) the felling of 'dying' trees is not exempt. But the felling of diseased trees is exempt where such work is necessary to prevent the spread of a quarantine pest or disease, and carried out in accordance with a notice served by a Plant Health Office of the Forestry Commission under the Plant Health (Forestry) (Great Britain) Order 1993, as amended.

11.2 Under section 206(1) of the Act the landowner is under a duty to replace a tree which is removed in contravention of the TPO. Outside woodlands the duty also applies if the tree is removed because it is dead, dying or has become dangerous
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