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#813910 - 6th Aug 2013 12:05am Trees and applying to council to remove them
Elizabeth Offline
Veteran

Registered: 28th Jul 2011
Posts: 718
Loc: Prenton, Wirral
My garden has many mature trees in it. A couple of them are oaks. I do not like the idea of having any cut down and know that I have to apply to WBC for the permission to do anything to them.

Last week the bloke responsible for giving the okay came round and gave us the thumbs up to remove a huge lime tree (ugly tree anyway) However, when we asked him about one of the oak trees too, he just flatly refused to allow anything to be done.

Personally I feel that the oak tree is too top heavy as most of the foliage and branches from lower down the trunk have been removed (before we moved in) and the trunk is quite slender.

Although it wasn't too windy today, I was watching as it swayed in the breeze and in my opinion I feel that in a strong gust, with the tree being so out of balance and having a thin trunk it's a possibility it may snap and fall on the house.
Here's the hypothetical question. IF it did fall and damage our house, would we be able to sue the council and get them to pay for damage for not allowing us to cut it down, if we could prove that we'd previously mentioned it was not safe (quoting the health & safety crap they're always banging on about these days)

As I said, I'm loathed to have it cut down as it is a beautiful tree, but as nice as it is, I don't want it coming through the roof anytime soon!

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#813914 - 6th Aug 2013 12:38am Re: Trees and applying to council to remove them [Re: Elizabeth]
valli Offline

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Registered: 19th Dec 2012
Posts: 271
Loc: prenton
Do you live in a council house.Or is it private as there is a company that is taking trees down in Prenton for elderly tenants the company is Amenity tree company.It may help that you Lived here before and that you have now come home to retire to U K.The council will pay for council tenants but not privatly owned

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#813916 - 6th Aug 2013 12:53am Re: Trees and applying to council to remove them [Re: valli]
ZipperClub Offline
Wiki Addict

Registered: 2nd Dec 2012
Posts: 7253
Loc: Our House In Our Road
ok,
Elizabeth gets in touch with Amenity tree company,
tree company rings council, council say Elizabeth has already
been told she cant get them cut down. The end.
or..
Elizabeth rings tree company and pays them to chop down tree.
3 weeks later council man passes and notices no tree. He knocks on her door and Elizabeth says the tree fairy must of called in the night. Mr council man says please come visit us and you can pay a nice fine at the same time.
Or am I just taking too many meds again?


Edited by ZipperClub (6th Aug 2013 12:53am)
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One Way Or Another

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#813917 - 6th Aug 2013 12:54am Re: Trees and applying to council to remove them [Re: Elizabeth]
Elizabeth Offline
Veteran

Registered: 28th Jul 2011
Posts: 718
Loc: Prenton, Wirral
No, it's a private house and I will have to fork out and pay myself.
The question is, if I am refused permission to cut down an oak tree that I feel is unsafe and then it does fall down during a storm, could I then go back to the council and claim off them for the damage because of their negligence as I'd told them of the risk it posed?

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#813919 - 6th Aug 2013 1:01am Re: Trees and applying to council to remove them [Re: ZipperClub]
Elizabeth Offline
Veteran

Registered: 28th Jul 2011
Posts: 718
Loc: Prenton, Wirral
Originally Posted By: ZipperClub
ok,
Elizabeth gets in touch with Amenity tree company,
tree company rings council, council say Elizabeth has already
been told she cant get them cut down. The end.
or..
Elizabeth rings tree company and pays them to chop down tree.
3 weeks later council man passes and notices no tree. He knocks on her door and Elizabeth says the tree fairy must of called in the night. Mr council man says please come visit us and you can pay a nice fine at the same time.
Or am I just taking too many meds again?


Too many meds I'm thinking ! I know that no legit tree felling company will cut down a tree without me showing that I've had written permission.

The tree is unsafe in my opinion, council have already said I cannot touch it because it's an oak tree. I am not going to cut it down and risk a fine BUT if it falls after I've kept on telling them it is unsafe, is the damage it causes the responsibility of my insurance or the council for being negligent and not listening to my concerns?


Edited by Elizabeth (6th Aug 2013 1:02am)

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#813921 - 6th Aug 2013 1:04am Re: Trees and applying to council to remove them [Re: Elizabeth]
ZipperClub Offline
Wiki Addict

Registered: 2nd Dec 2012
Posts: 7253
Loc: Our House In Our Road
I was wondering why Valli answered as his whole post was a waste of time. If you cant chop it down, you cant chop it down. So why recommend a firm that chops down trees, perhaps he`s the owner?
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#813925 - 6th Aug 2013 1:11am Re: Trees and applying to council to remove them [Re: Elizabeth]
valli Offline

Addict

Registered: 19th Dec 2012
Posts: 271
Loc: prenton
Have you got insurance.You will be covered by this if wind blows it down.Council tenants pay indirectly through their rents.Wirral council are so skint they have had to close essential services for Disabled people in Moreton cross.

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#813926 - 6th Aug 2013 1:13am Re: Trees and applying to council to remove them [Re: ZipperClub]
ZipperClub Offline
Wiki Addict

Registered: 2nd Dec 2012
Posts: 7253
Loc: Our House In Our Road
Going back to your original question, I think any tree which falls of its own accord, without humans giving it a hand, is classed as an act of god. So, only your insurance MAY cover it. I`d check in the morning to be sure, but I doubt if you could get any money of the council :-(
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One Way Or Another

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#813927 - 6th Aug 2013 1:30am Re: Trees and applying to council to remove them [Re: ZipperClub]
valli Offline

Addict

Registered: 19th Dec 2012
Posts: 271
Loc: prenton
Zipperclub Hi last time I Looked I was still female and no I am not a tree company.

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#813928 - 6th Aug 2013 2:37am Re: Trees and applying to council to remove them [Re: valli]
ZipperClub Offline
Wiki Addict

Registered: 2nd Dec 2012
Posts: 7253
Loc: Our House In Our Road
Valli, A 1000 apologies, I dont know why just had you as a male. I must of lost my touch. Must be the change of life, if I ever had one lol
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One Way Or Another

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#813938 - 6th Aug 2013 7:56am Re: Trees and applying to council to remove them [Re: ZipperClub]
muzzy2 Offline
Addict

Registered: 14th Aug 2011
Posts: 202
Loc: wirral
Do your trees have a Conservation order on them?
I thought that if not, you could do what you wanted with them.
The council seem to MAKE people cut trees and hedges if neighbours complain I've noticed in News reports usually.

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#813943 - 6th Aug 2013 8:16am Re: Trees and applying to council to remove them [Re: muzzy2]
Nomad Offline

Smartchild

Registered: 12th Apr 2010
Posts: 464
Loc: Southern Europe
Could it not be pruned?

make it less top heavy?
_________________________
" Per Ardua ad Astra"


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#813975 - 6th Aug 2013 10:49am Re: Trees and applying to council to remove them [Re: Elizabeth]
Gibbo Offline
Forum Addict

Registered: 27th Dec 2010
Posts: 1787
Loc: Oxton
That's what I was thinking. You need to keep on top of tree maintenance, not when its too late and the tree is too big to do anything, or in danger of falling.

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#813976 - 6th Aug 2013 11:01am Re: Trees and applying to council to remove them [Re: Nomad]
Elizabeth Offline
Veteran

Registered: 28th Jul 2011
Posts: 718
Loc: Prenton, Wirral
Originally Posted By: Nomad
Could it not be pruned?

make it less top heavy?


To quote Mr Bowman from the council "you cannot touch the oak tree in anyway at all"

So no, it can't be pruned.

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#813977 - 6th Aug 2013 11:03am Re: Trees and applying to council to remove them [Re: Gibbo]
Elizabeth Offline
Veteran

Registered: 28th Jul 2011
Posts: 718
Loc: Prenton, Wirral
Originally Posted By: Gibbo
That's what I was thinking. You need to keep on top of tree maintenance, not when its too late and the tree is too big to do anything, or in danger of falling.


We can't do anything to it at all, plus regarding tree maintenance, we've only had the house about 4 months so the previous owners are the ones who didn't take care of things unfortunately

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