UK Tree Care - http://www.oak-wood.co.uk/uktc/
I acccept all that, but his tone was completely patronising
i.e. that many are 'Old Orders' including Areas and Woodlands.
Please spare me this sort of crap - most LPAs do not maintain anything
like an ordered TPO system and try to cover up with patronising
BullS**t.
I am dealing with a case at the moment where an Area order dates from 1968.
The Original is not on file, not anywhere, yet the LPA is threatning
prosecution for
felling 10 Leyalnd Cypress from a hedge planted six years ago - yes A HEDGE,
SIX YEARS OLD. Also for damaging a 20-year old Oak in a manner likely to
destroy 20-years old on a 31-year old Area Order, the Original of which is
not
available. And this is a very frequent occurrence, not a 'one off'
Oh Yes please digitise all this and solve the problem for me!! The
plaintiff cry of the
Arborist at the LPA who simply cannot admit that his Authority might have
made a mistake!!
Yes free the space - what space? if you still have to maintain the original
files
Mr Perrins has missed the point. I do not care what system he uses as long
as it is a QA system.
Second, the Court requires the Original, and as Simon Pryce stated, all of
it, not just the Map
an Schedule 1. Also, the map should be sealed also, but how many are?
When, oh when, will the Local Authority Petty Beurocrats realise that all
their posturing
an stamping of feet in rightous indignation is really putting the whole TPO
sytstem in jeopardy?
Same goes for Central Government Wallahs - witness the New TPO Regulations
and the
anomolies contained therein.
Richrad Perrins was / is in error, if only for being a Patronising person.
Dealga O'Callaghan
----- Original Message -----
From: Chris Hastie <c.hastie@xxxxxxxxx.co.uk>
To: <uktc@xxxxxxxxx.co.uk>
Sent: Sunday, January 02, 2000 2:20 PM
Subject: Re: Original TPOs
UK Tree Care - http://www.oak-wood.co.uk/uktc/
On Thu, 30 Dec 1999 Dealga OCallaghan <dealga@xxxxxxxxxxxxx.fsnet.co.uk>
wrote
Richard Perrins is in error - serious error.
A digital copy of a TPO is NOT acceptable in Court. The Original,
signed and sealed order is the Legal Document and if this cannot be
produced in Court, then it does not exist.
I don't think Richard is in error at all. He originally wrote on Tue, 14
Dec 1999:
My Planning Department is looking at copying all of its TPO files
(orders & correspondence) to CD-ROM, freeing up much needed space and
facilitating networking of the information.
I understand that legally this is not an issue, provided the original
Order is retained should a prosecution ensue and so you can prove its
existence.
note the "provided the original Order is retained..."
--
Chris Hastie
OakWood Arboricultural Consultancy
http://www.oak-wood.co.uk
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