The above Act give the Council powers to take action in respect of trees which are thought to be dangerous. The following notes give a brief explanation of the Act but it is not a definitive guide to the law.
Responsibility for Trees
Trees are the responsibility of the person who owns the land on which they are growing, but this Act gives a local Council powers to deal with dangerous trees not owned by them. It is normally used as a last resort if the owner appears not to be doing anything about a dangerous tree, which might cause harm to someone else or their property. The Act is intended for use where there is imminent danger – it is not intended for use where the danger might be long term or where it is only a vague possibility (such as “it might fall down if we get a strong wind”!)
The Council’s Responsibility
If a Council receives a written request from an adjoining landowner to make a tree safe then it can use the Act to investigate and if necessary take appropriate action. Under normal circumstances the Council’s Tree Officer will want to make a site visit to inspect the tree(s).
Notice To Make A Tree Safe
In the event that the Council believes that the tree(s) are indeed imminently dangerous, we can then serve a Notice on the tree owner or the occupier of the land. The Notice will tell the owner/occupier of the land about the condition of the tree and why action is needed. It will also state the minimum amount of work that is necessary to make the tree safe. It will also state when the work needs to be done by – this cannot be less than 21 days from the date of the Notice. It finally states that if the works are not undertaken, the Council can come and do it and charge you for doing so.
Appealing Against the Notice
You can appeal against the Notice to the County Court within 21 days of the date of it being served. The Notice will specify the grounds for appeal.
Failure To Comply With the Notice
If the works are not completed within the time specified, (and you have not appealed) then the Act authorises the Council to employ a contractor to do the work in default. It also authorises us to recover costs from the owner/occupier of the land. Because we will charge administrative costs, as well as the contractors fees, it will almost certainly be cheaper for you to arrange the work yourself.
After the great battle at the end of the Mahabharata,
the warrior Bhima scolds the reluctant victor Yudhistira
for not taking action with the following words -
If renunciation and passivity are the greatest of virtues,
then mountains and trees should be the most virtuous in
creation, for mountains and trees always lead a life of
aloofness and do not cross anyone's path."
Translated by R K Naryan and taken from the original
sanskrit of the epic tale Mahabharata dated 3100BC;
Penguin Books. Extract supplied by Adam Hollis
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