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This comprehensive guidance by Dr. Martin Dobson of the London Tree Officer’s Association delves into tree risk management, avoiding false claims, and dealing with valid claims efficiently. Learn how to assess risks, avoid baseless claims, and address valid concerns promptly to ensure tree safety while managing potential liabilities effectively. The guide emphasizes proper measures to evaluate risks, prevent unwarranted claims, and handle legitimate issues in a timely and thorough manner, providing insight into site assessments, crack monitoring, tree positioning, root identification, and more.
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Levels of evidence and required action Part 1 Dr Martin Dobson
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 • Site geology • Crack pattern description and interpretation • Crack and/or level monitoring • Time of development of damage • Tree/shrub information – position of tree in relation to damage • Root identification • Trial pits (foundation depth) • Soil desiccation • Drain survey
2. Avoid spurious claims • Site geology • Crack pattern description and interpretation • Crack and/or level monitoring • Time of development of damage • Tree/shrub information – position of tree in relation to damage • Root identification • Trial pits (foundation depth) • Soil desiccation • Drain survey
3. Deal with claims quickly and effectively • Visit the site • Assess the evidence • Communicate with the claimant • 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 may not apply (see Perrin). 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.