lunarman
LIFE MEMBER
Seen on Facebook happened this afternoon on A40 near Llandovery. All occupants ok.
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Have to chime in on this one, now this saga starts way back in around thee year 2000. My parents had a tree in the front garden, it had been dying for many years, and so my parents sought permission to cut it down, bearing in mind it was right next to a road, and in a dangerous condition (and subject to a TPO)Land owners are legally responsible for the safety of trees on their land and are now obliged to carry out annual risk assessments based on on the condition of the trees especially those that are in falling distance of the public highway. The claim may be against the land owner if they are considered to be negligent.
Wow, you couldn’t make it up. We have similar problems as in conservation area with TPOs. Thankfully our Council Tree Officer reasonable and so far has granted the applications of us and our neighbours.Have to chime in on this one, now this saga starts way back in around thee year 2000. My parents had a tree in the front garden, it had been dying for many years, and so my parents sought permission to cut it down, bearing in mind it was right next to a road, and in a dangerous condition (and subject to a TPO)
The application was declined, after many (I assume tree hugging hippies) objected. My parents appealed the decision, citing that they would be liable if it fell causing injury. The council agreed to come and inspect the tree, even though they had provided reports from 3 tree surgeons stating that the tree needed to come down. The council sent a letter a few months later stating that the decision was upheld, and they would not grant permission to remove the tree. My parents were given permission to trim the tree, but that was it.
OK so we now fast forward to 2010, there was a storm in the area, and a large bough of the tree fell, blocking the road. Fortunately it didn't hit anything, apart from my parents fence. My parents left the tree blocking the road. Eventually a council official knocked on the door informing my parents that it was their responsibility to maintain the trees in good order, and that they would be liable for the removal of said tree.
My father dug his heels in, and produced all the previous communications regarding the application to remove the tree. The attending official was adamant that permission should have been approved to remove the tree, since it was clearly dead.
A few weeks later an invoice appeared on my parents door mat, charging for the removal of the tree. After much wrangling, the invoice was cancelled. And the council said that the tree need to be removed.
Ecstatic by this news, my parents once again applied for permission to remove the tree. Two weeks later the application was once again denied!!!!! Seriously you couldn't make this stuff up!
My father sent, what we call in our family, a snot-o-gram, basically declining any responsibility for the tree, and any danger that it presented. The council replied that if the tree is dangerous then it needs to be removed. Again permission was sought to cut it down, and, well I don't need to tell you the outcome.
Fast forward to 2013, another howling gale, and the entire tree fractured across its trunk, about 10ft up, and fell inwards towards the house. Luckily it only brought down power and telephone cables, but no real damage caused. We were ecstatic, mother nature had finally eliminated the problem! We took many photos of the carnage (luckily). And got a tree surgeon to remove the stump.
Last year the council got in touch, stating (and you'll love this) "It has been noted that you have illegally cut down a tree subject to a TPO" it went into great depth that they were going to take my mother to court over the issue. Since my father by this point had passed away, I sent scans of the ongoing saga back to the council, with a covering letter explaining that since it was the weather was to blame, the defendant in their case would be god, and I wasn't entirely sure what his address was.
We haven't had anything back.
Yet!
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Staggering incompetence!! After being involved with trees for40 +years with a local authority l am not surprised especially as tree managers are often in conflict with the planners, the latter often clueless on arboricultural matters.Have to chime in on this one, now this saga starts way back in around thee year 2000. My parents had a tree in the front garden, it had been dying for many years, and so my parents sought permission to cut it down, bearing in mind it was right next to a road, and in a dangerous condition (and subject to a TPO)
The application was declined, after many (I assume tree hugging hippies) objected. My parents appealed the decision, citing that they would be liable if it fell causing injury. The council agreed to come and inspect the tree, even though they had provided reports from 3 tree surgeons stating that the tree needed to come down. The council sent a letter a few months later stating that the decision was upheld, and they would not grant permission to remove the tree. My parents were given permission to trim the tree, but that was it.
OK so we now fast forward to 2010, there was a storm in the area, and a large bough of the tree fell, blocking the road. Fortunately it didn't hit anything, apart from my parents fence. My parents left the tree blocking the road. Eventually a council official knocked on the door informing my parents that it was their responsibility to maintain the trees in good order, and that they would be liable for the removal of said tree.
My father dug his heels in, and produced all the previous communications regarding the application to remove the tree. The attending official was adamant that permission should have been approved to remove the tree, since it was clearly dead.
A few weeks later an invoice appeared on my parents door mat, charging for the removal of the tree. After much wrangling, the invoice was cancelled. And the council said that the tree need to be removed.
Ecstatic by this news, my parents once again applied for permission to remove the tree. Two weeks later the application was once again denied!!!!! Seriously you couldn't make this stuff up!
My father sent, what we call in our family, a snot-o-gram, basically declining any responsibility for the tree, and any danger that it presented. The council replied that if the tree is dangerous then it needs to be removed. Again permission was sought to cut it down, and, well I don't need to tell you the outcome.
Fast forward to 2013, another howling gale, and the entire tree fractured across its trunk, about 10ft up, and fell inwards towards the house. Luckily it only brought down power and telephone cables, but no real damage caused. We were ecstatic, mother nature had finally eliminated the problem! We took many photos of the carnage (luckily). And got a tree surgeon to remove the stump.
Last year the council got in touch, stating (and you'll love this) "It has been noted that you have illegally cut down a tree subject to a TPO" it went into great depth that they were going to take my mother to court over the issue. Since my father by this point had passed away, I sent scans of the ongoing saga back to the council, with a covering letter explaining that since it was the weather was to blame, the defendant in their case would be god, and I wasn't entirely sure what his address was.
We haven't had anything back.
Yet!
We got the distinct impression that no department was in communication with any other part of the council. As I say, we are still waiting for god to be served his summons!Staggering incompetence!! After being involved with trees for40 +years with a local authority l am not surprised especially as tree managers are often in conflict with the planners, the latter often clueless on arboricultural matters.
Council communication between departments , hasn't yet, and never will be invented. Each stuck in their own make believe worlds. Try buying red tape , sold out as the Council have it all.We got the distinct impression that no department was in communication with any other part of the council. As I say, we are still waiting for god to be served his summons!
[edit]
We actually asked the tree surgeon to leave us a part of the trunk, from just above ground level. It was rotten to the core, only about the external 3 inches could have been deemed healthy. We are keeping this log piece as evidence as to the state of the tree!
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