Garden Law Discussion

[IW]

Hi,

I have been looking for the answer to the following question on the internet with no success. I hope someone can help.

If a tree within a conservation area, but without a TPO and on a council verge is felled in error by the council or without the proper notifications, is the council legally required to replace the tree? If so what legislation would cover this?

I hope someone can help.

Thanks, Ian.

[Treeman]

The Local authority (planning section most likley) is responsoble for breaches in the conservation area. The works are likley to have been instructed by the highways department.

The LA’s planing section could make the highways section replace the tree. Your ward councillor ought to be ablt to rattle cages for you.

[IW]

Thank you Treeman for your reply.

I understand the council often work in this way – when it suits them.

Reading between the lines of your response I imagine you are unaware of any way that the council are legally bound to have to replace the trees.

My feeling is that they are not legally bound to replace the trees, unless some one knows to the contrary

[Treeman]

The council can issue a Tree Replacement Order (TRO) which is legally enforceable.

Whether they would do this against another organ of the authority will probably be a decision for senior officers.

TRO’s are discretionary so you might need to apply some pressure to get any action.

[TO]

Hi

Interesting this.

The Local Planning Authority does not have to notify itself of tree works by or on its behalf it intends to carry out in a Conservation Area. Neither would the Highway Authority, if different to the Local Planning Authority have to give notification.

In effect, whether they know it or not, as they are not objecting to the works it follows that the works are lawful.

The authority to enforce replacement only comes if the tree has been removed in contravention of Town and Country Planning Act 1990, which it has not.

Departments should make sure they have good communications between themselves, so such incidents as this don't arise. Your best bet for a replacement is nag your Ward Councillor/MP/Highways Department mercilessly.

In conclusion, no offence has been committed and the Council do not have to replace the tree.

Good luck
TO

[IW]

Thank you Treeman & TO.

Your answers have been helpful, and much as thought.

IW.