Help with Sick Horse Chestnut Tree

Si_Bucks · #1 (**permalink**) 23-05-2008, 09:15 PM

I have a 100 yr old massive horse chestnut tree in my back garden. It is under protection order. It is quite sick. The tree suffers from bleeding on the trunk and branches. The council refused to fell it and agreed to 30% crown reduction. I paid over £650 for the tree man to do the reduction, When he has gone up to do the reduction he discovered that the fungi has spread all the way to the top and eating the tree slowly from the inside the trunk. He advised that it should be felled as soon as possible as this tree has become a real hazard.

I am not sure how I should convince my council in Bucks to agree to fell it. Can someone help? It is a real health and safety issue as a dying tree can easily fall on the house and hurt a family member or cause property damage espcially during strong winds. Are there any laws I can use against the council for their intransigence. If there a law/bylaw that if someone gets hurt will the council be criminally responsible? They are making a decision without looking at the well being of the property owner

Your feedback is highly appreciated.

Thanks in advance.
Si

mykonik · #2 (**permalink**) 23-05-2008, 10:20 PM

Quote:

Originally Posted by Si_Bucks

I have a 100 yr old massive horse chestnut tree in my back garden. It is under protection order. It is quite sick. The tree suffers from bleeding on the trunk and branches. The council refused to fell it and agreed to 30% crown reduction. I paid over £650 for the tree man to do the reduction, When he has gone up to do the reduction he discovered that the fungi has spread all the way to the top and eating the tree slowly from the inside the trunk. He advised that it should be felled as soon as possible as this tree has become a real hazard.

I am not sure how I should convince my council in Bucks to agree to fell it. Can someone help? It is a real health and safety issue as a dying tree can easily fall on the house and hurt a family member or cause property damage espcially during strong winds. Are there any laws I can use against the council for their intransigence. If there a law/bylaw that if someone gets hurt will the council be criminally responsible? They are making a decision without looking at the well being of the property owner

Your feedback is highly appreciated.

Thanks in advance.
Si

How suprising Si - petty bureaucrats making life a misery for someone !

I sympathise !

It would be useful (I think) if you could at least find out WHAT (fungally) is killing the tree, and would suggest that you need to obtain legal advice about what to do with regard to the danger presented by a dying / decayed tree - if only on health and safety grounds (with regard to you / family / general public) since that is what these jobsworths always react to, since they could be held responsible if anything happened and they had failed to investigate properly - but you would have to provide evidence that the tree was a health hazard and needed to be felled !

Apart from these comments, I can only wish you the best of luck !

Nick

NickCantle · #3 (**permalink**) 23-05-2008, 10:26 PM

I echo Nick's comments almost identically. Good luck to you.

Other Nick

FungiJohn · #4 (**permalink**) 23-05-2008, 10:26 PM

Quote:

Originally Posted by Si_Bucks

I have a 100 yr old massive horse chestnut tree in my back garden. It is under protection order. It is quite sick. The tree suffers from bleeding on the trunk and branches. The council refused to fell it and agreed to 30% crown reduction. I paid over £650 for the tree man to do the reduction, When he has gone up to do the reduction he discovered that the fungi has spread all the way to the top and eating the tree slowly from the inside the trunk. He advised that it should be felled as soon as possible as this tree has become a real hazard.

I am not sure how I should convince my council in Bucks to agree to fell it. Can someone help? It is a real health and safety issue as a dying tree can easily fall on the house and hurt a family member or cause property damage espcially during strong winds. Are there any laws I can use against the council for their intransigence. If there a law/bylaw that if someone gets hurt will the council be criminally responsible? They are making a decision without looking at the well being of the property owner

Your feedback is highly appreciated.

Thanks in advance.
Si

Your council should have or have access to a Tree Inspector.

They should be able to carry out a proper risk assessment which would include:

Identifying the hazards
Deciding who may be harmed and how
Evaluate the risks and therefore decide appropriate action required
Record assessment and implement action
Review

This would normally be carried out in conjunction with survey methods recommended by the I.S.A (International Society of Arboriculturalists).

I would certainly ask your Tree man to provide you with written statement in the first instance.

I hope this helps

John

Meta menardi · #5 (**permalink**) 23-05-2008, 11:36 PM

I don't want any more than clarification and I am not having a jab at anyone, but do you own the tree, and if you do why would the council pay for work done on it?

I see you have paid significant money to get work done on it. Owning trees brings responsibilities, as many of us have found out.

Hobjob · #6 (**permalink**) 24-05-2008, 06:39 AM

I know nowt about tree felling of protected trees, but a method I have
used on two occasions to dynamite a jobsworth is:

Get all the facts as above
Find out who is in charge
Write to them by name and title, recorded delivery.
State the problem succinctly

Tell them that you abide by their decision but
if any harm results from their decision
you will sue them personally. Not the council,
the person.
(well probably the council too!)

Even if they have insrance cover via their work, they will
not want to be sucked into court on a named basis.

Wild-Woman · #7 (**permalink**) 24-05-2008, 07:09 AM

I don't see how a council can refuse to allow a tree to be felled, with concrete evidence showing that it is a hazard to life!

mrs fish · #8 (**permalink**) 24-05-2008, 07:18 AM

How long do Horse Chestnuts live ?

Tursiops2 · #9 (**permalink**) 24-05-2008, 07:46 AM

If it's your tree on your land, it's very unlikely that the council will pay for it to be felled. The best you can hope for, I suspect, is that they will rescind the TPO so that you can do the job yourself, but they will probably require you to replant with a similar specimen.

This site is good for expert advice on the subject:
Garden Law Discussion :: Index

mykonik · #10 (**permalink**) 24-05-2008, 07:58 AM

Quote:

Originally Posted by Hobjob

I know nowt about tree felling of protected trees, but a method I have
used on two occasions to dynamite a jobsworth is:

Get all the facts as above
Find out who is in charge
Write to them by name and title, recorded delivery.
State the problem succinctly

Tell them that you abide by their decision but
if any harm results from their decision
you will sue them personally. Not the council,
the person.
(well probably the council too!)

Even if they have insrance cover via their work, they will
not want to be sucked into court on a named basis.

I totally agree - having had to do the same myself !!

Well said !

Nick