Had tree professionally cut but did not know it had a TPO

makeyourdaddyproud

Good luck with avoiding even a pedantic fine from any council in the UK. You say they inspected the neighbours tree so presumably you only cut the overhang, which comprises a large proportion of the tree's limbs, so I say it would be impossible to know if there was a TPO on it.

jjlandlord

makeyourdaddyproud wrote: »

so I say it would be impossible to know if there was a TPO on it.

Councils maintain a public directory of TPOs.
They all put it online, accessible through their website nowadays. Of course, councils also have telephones.
It is easy to check.

However, the point is that you should remember to check.

Here, as the work was carried out by professionals, I'm wondering whether they could have a level of liability to OP for not even enquiring about it.

starwarsclark

jjlandlord wrote: »

Councils maintain a public directory of TPOs.
They all put it online, accessible through their website nowadays. Of course, councils also have telephones.
It is easy to check.

However, the point is that you should remember to check.

Here, as the work was carried out by professionals, I'm wondering whether they could have a level of liability to OP for not even enquiring about it.

Interesting point about the tree surgeons, I know they have been sent the same letter. I am in no way excusing us, and as said before: Ignorance is not an excuse or defence, if we are liable then we are liable, however I would like to think that as our next door neighbours tree has been cut and looks almost the same as ours that some form of leniency would be applicable.

G_M

Was your tree surgeon a chap in yellow pages wih a chain saw, or a member of AA?

starwarsclark

Thanks, his company are members of National Proficiency Test Council certificates of competence in Chainsaw Operations CS30.1 and CS30.2 and Tree climbing and Aerial Rescue

G_M

So they know how to climb, and how to operate chain saws.

Do they know anything about trees though......?

starwarsclark

G_M wrote: »

So they know how to climb, and how to operate chain saws.

Do they know anything about trees though......?

Well they have been in business for quite some time and it does say this on their website: The team are fully qualified and fully insured. Commercial and Domestic work is catered for, including TPO work.
TPO's (Tree Preservation Orders)
We will work within the local authority's guidelines regarding the relevant TPO. We can even help you with your TPO application, and work with you throughout the process, ensuring your requirements are met along side with the local authority.

mufi

starwarsclark wrote: »

Thanks, yes we do own the home and we bought it about 12 years ago, neither of us remembers seeing any TPO letters etc. Not really sure if this question is in the right section of this forum but didn't know where to put it - sorry.

We bought our house a few years ago, complete with an oak with a TPO; this has its own file, filled with bumph sent by whoever keeps a beady eye on these things. So intimidating was some of the paperwork that I barely dare even look at the wretched thing when pottering in the garden.


Either you had the stuff, forgot about it, and are more laid back than I, or for some reason the council forgot to send you all the information; you certainly can't miss it. Good luck!

agrinnall

makeyourdaddyproud wrote: »

Good luck with avoiding even a pedantic fine from any council in the UK. You say they inspected the neighbours tree so presumably you only cut the overhang, which comprises a large proportion of the tree's limbs, so I say it would be impossible to know if there was a TPO on it.

It's the OP's own tree, not the neighbours, so absolutely not impossible to know if there was a TPO.

donfanatico

jjlandlord wrote: »

Councils maintain a public directory of TPOs.
They all put it online, accessible through their website nowadays. Of course, councils also have telephones.
It is easy to check.

However, the point is that you should remember to check.

Here, as the work was carried out by professionals, I'm wondering whether they could have a level of liability to OP for not even enquiring about it.

That's fine if you know that TPOs exist. I, for one, have never heard about this before