Little acorns, big problems

By THIS IS MONEY
Updated:

 

MY daughter has an ancient oak in the garden of her Essex pub. The oak has a preservation order on it, but is in a pretty poor state with several large branches dying or dead. She is worried that if it is not dealt with, a customer could get hurt. Is it the local authority or my daughter who is responsible? There will be a significant cost implication for whoever deals with the problem.

Money Mail's Margaret Stone replies: YOUR daughter, as the occupier of the land, is ultimately responsible for the tree and any mishaps that might occur.

As such, she is totally responsible for the safety of her customers who might suffer an accident caused by the tree. She should consult a reputable tree surgeon as soon as possible.

As the oak has a preservation order on it, your daughter needs the council's consent to carry out remedial work. And I'm afraid the cost burden will be hers.

A tree preservation order isn't something to treat lightly. It means that the tree is virtually untouchable - it isn't only felling which is prohibited without the council's consent but any chopping or lopping as well.

In the meantime, the tree, and any injury it may cause, does remain your daughter's responsibility, so she should take preventative action. She should also send a copy of all the correspondence relating to the tree and her concerns about its safety to her insurers - and make sure the council knows she has told her insurers.

In the event that the council does not accept that any remedial work is necessary there would be a right of appeal to the Planning Inspectorate.

In very rare circumstances, a tree surgeon might be prepared to carry out remedial work on a listed tree without the council's consent if he was satisfied it was dead, dying or dangerous, but should contact the council beforehand.

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