Council want us to replace tree - do we have grounds to appeal?

[MrsMuddlePluck]

We had a protected tree felled last year [with permission from the local council].

Now they have issued a replacement order but I'm sure we have already we told them that we couldn't replace it. [sure we sent a letter, but damned if I can find my file in the mess that forms family filing! Sure I'll find it this week]

Our arguments are

• that the tree was diseased and shedding large chunks of bark - we live on a main road so it was agreed it was dangerous.
• The entire tree could not be removed as the tree surgeon simply couldn't get down to the roots as the tree is between a garage and a brick perimeter wall, so would have undermined foundations.
• He also didn't think he could actually get to the roots anyway [he broke 2 sets of tools trying to get it out].
• The soil is also potentially still infected so what would be the point of a replacement.

They have requested that we plant a tree at least 2m in height, so that would imply 2m wide roots, which would seriously undermine the garage and wall. There just isn't room, unless we can figure out how to dig out the rest of the tree stump [which is itself about 3m high].

How do we explain to the council and is it reasonable for them to expect us to replace?

I would add that it broke my heart to remove the tree as it was a local landmark and we bought the property largely because of our lovely tree[s]!

I would have expected any thing specifying replacement as a condition of felling and removal to have been part of the original agreement and permission to fell and remove

The only exception to this would be if the tree surgeon who removed it did it under the dead,diseased or dying notification and felled or removed it without permission but submitting notification of intent to do so within 7(I think) days and providing accompanying evidence of the bad state of health and dangerous condition of the tree

If you want definitive advice pop over to Arbtalk forum and ask on there in the homeowners section, there will be plenty with much better knowledge of both the law and who have probably had dealings with the tree officer for your area already able to answer

You should find copies of original correspondence on your local councils planning website search under your address.

I planted a couple of trees, crab apple and flowering cherry, that came from from Morrisons supermarket, one summer. I think they were 2 m high but certainly didn't have much root spread. They were cheap so I dug a hole about 2 ft across and stuck them in. They are thriving !

I popped in to speak to the tree warden, who used Google earth to look at recent photos of the property. His response was "well that's a bloody silly place to plant a horse chestnut anyway - apply for a dispensation of the replacement order!"

Thanks for updating.
Interesting response.