UK Tree Care - http://www.oak-wood.co.uk/uktc/
As Paul Hawkesford pointed out, I believe we have the best tree protective
and indeed planning system. What annoys me is that is generally badly
administered
and often abused by the LPAs.
I admit that often this is because a Planner has become involved and acted
without
arboricultural advice. However, without mentioning names or authorities, I
have
personally been involved in cases where it has been the arboriculturist who
has caused the
'cock-up' I will also admit I have seen cases where the Consulting
Arboriculturist has
dropped the ball or scored on own goal.
What bothers me is that too few of us in the industry, and I mean both
sides, realise
just what is involved when proceedings are taken. It is a Criminal Offence,
and must meet the
rigours of the Police & Criminal Evidence Act, 1984, (PACE). This takes us
out of the realms
of Planning and Public Inquiries etc. and into the Criminal Court. The
Rules of Evidence are
set and I am sure there are others out there who have represented clients in
Court and seen
them win on technicalities. Its sad, but the Courts do have requirements
for proof and evidence
and we do not always appreciate it.
My main point is that the Original Copy of the TPO must be available. This
means the
whole document, the schedules, the map and proof of confirmation etc. The
Order should be sealed, or certified in a legally acceptable way, so also
should the map. The Court must be able to satisfy itself
that any map produced was infact the map that was created and annexed to the
order at the time
it was made & confirmed. I have seen 'Old Orders' say 1969 to 1977 with
absolutely
pristine CAD Drawings appended as maps. I have seen Judges and in my time
two
Planning Inspectors question this. In one situation a Judge demaded that
the original
drawing was found before he would proceed. Over lunch it was located as an
A0 Size Tracing Paper version in Imperial Scale - the one originally
produced
was A3, multi-coloured and in metric. When the two were compared, they
agreed
broadly, but ironically, the trees in question were not covered according to
the original
drawing but had been added to the CAD version.
I am not accusing all LPAs of doing this. What it shows is, that generally,
LPAs
do not have a Quality Assured system of managing their TPOs. Old files get
lost
TPOs are not always updated, and the older the order the more likely the
problems.
I would favour any attempt to put a sound QA system in place. But, and here
is the big
'Caveat' it should not be done in isolation. This is a real challenge for
NATO to produce
a Nationally Accepted System that could be used in all LPAs. Digitising the
records is only
part of this and I do believe it will assist. But it still leaves the
problem of the old files
and originals to be addressed. That's where the real problem is. Instead
of complaing
and blaming Planners, Tree Officers should get together and devise a
workable proposal.
This will mean taking professional advice from outside and meeting with DETR
to assist.
If they start to act now, then perhaps the 'New' system could be included in
any revision
of 36/78 after any new Primary Legislation. Remenber the LA buzz word of
the moment
'BEST VALUE' Making the system work without problems falls into this
category.
I can forsee a situation where a person prosecuted wins on a techniclaity,
could well be
tempted to take action against the LA to recover costs etc. if the Court
does not award costs.
Just ideas, and I apologise if my frustration came through. I should not be
that worried
as all this means work to the Consulting sector, but I really hate wasting
time
an client's money.
Dealga
----- Original Message -----
From: Complete Tree Services <arbor@xxxxxxxxxx.co.uk>
To: UK Tree Care <uktc@xxxxxxxx.com>
Sent: Monday, January 03, 2000 10:56 AM
Subject: RE: Original TPOs
UK Tree Care - http://www.oak-wood.co.uk/uktc/
Dealga,
Are you for or against the proposal then?
______________________________________________________________________
To unsubscribe, write to uktc-unsubscribe@xxxxxxxx.com
______________________________________________________________________
Applying to college this year?
Apply online at Embark.com and enter the Embark.com Tuition Sweepstakes!
You could win $80,000 for tuition to the college of your dreams! Enter daily
to increase your chances of winning: Sweepstakes ends 1/15/00. Click to
enter: http://www.listbot.com/links/embark
______________________________________________________________________
To unsubscribe, write to uktc-unsubscribe@xxxxxxxx.com
Start Your Own FREE Email List at http://www.listbot.com/links/joinlb
