Dr Martin Dobson Levels of evidence and required action Part 1

London Tree Officer’s Association Now runs to 97 pages! And includes all trees, not just those owned by local authority

Main aims of LTOA guidance Manage risk Avoid spurious claims Deal with valid claims quickly and effectively

1. Manage the risk

How do you know what’s high risk?

2. Avoid spurious claims 1.Site geology 2.Crack pattern description and interpretation 3.Crack and/or level monitoring 4.Time of development of damage 5.Tree/shrub information – position of tree in relation to damage 6.Root identification 7.Trial pits (foundation depth) 8.Soil desiccation 9.Drain survey

Heave!

It must be the trees!

But it’s not!

It is the tree this time!

2. Avoid spurious claims 1.Site geology 2.Crack pattern description and interpretation 3.Crack and/or level monitoring 4.Time of development of damage 5.Tree/shrub information – position of tree in relation to damage 6.Root identification 7.Trial pits (foundation depth) 8.Soil desiccation 9.Drain survey

3. Deal with claims quickly and effectively 1.Visit the site 2.Assess the evidence 3.Communicate with the claimant 4.Carry out precautionary pruning or fell in good time

Trees covered by a TPO

Tree Preservation Order applications can be refused if evidence is inadequate or incomplete However, there is liability to pay compensation if a loss is suffered as a consequence of a refusal But, the application for compensation must be made within 12 months of the refusal or within 12 months of a dismissed appeal

Trees covered by a TPO If a tree is causing an ‘actionable nuisance’ then the TPO does not apply. But the onus is on the person felling the tree to prove the nuisance. Often the evidence is with the claimant rather than the tree owner, thus, it is best to encourage the claimant to submit the application.