No charge for neighbour who cut down part of a protected tree in Hendon (From Times Series)

No charge for neighbour who cut down part of a protected tree in Hendon

5:51pm Friday 12th March 2010 in

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A NEIGHBOUR who began cutting off parts of a protected tree will not be prosecuted because a council blunder cleared him to carry out the work.

Graham Burlem, of Rawlins Close, Hendon, ordered in contractors to cut off branches of the 150-year-old oak tree which he claims is impinging on his garage.

He contact Barnet Council prior to the work and was informed there was no Tree Preservation Order (TPO) on the oak.

When branches began being removed, the owner of the tree, David Cartmell, contacted the council who, after sending down an officer to the scene, ordered the work to stop.

They later confirmed there was a TPO on the tree, which prevents the cutting down, lopping, uprooting, wilful damage or destruction of a protected species without the planning authority’s permission.

Officers said the confusion had arisen because of boundary changes to the properties.

A formal application has now been handed to the planning chiefs by Mr Burlem, but the council's website highlights it is an offence to carry out work on a tree with a protection order without permission, and may lead to prosecution.

But in a statement, the council said: “In light of the confusion surrounding the status of the tree, the council would not pursue a prosecution in this case.”

The application to begin pruning the tree is now under consideration and is likely to be decided on by early April.