UKTC Archive

RE: Offensive behaviour

Subject: RE: Offensive behaviour
From: Vowell Anthony R CDE/EDP
Date: Dec 20 2001 09:44:32
Hang on a minute.

The TPO legislation states that it is unlawful to wilfully damage a tree
covered by a TPO, apart from abating a nuisance. So if someone comes to
me with an application to trim back or fell  and I refuse, he can go
back and do the work and state that he was abating a nuisance. The
Council then has to prove that it was'nt a nuisance.
It would appear that the *new* TPO legislation does'nt have a firm
foundation, if the only defence against 'nuisance' is that it does'nt
apply on your own property

*Confused Now*

Tony

-----Original Message-----
From: Edmund Hopkins [mailto:edmond.hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 20 December 2001 09:33
To: 'uktc@xxxxxxxxx.co.uk'
Subject: RE: Offensive behaviour


Presumably it is also a common law right to lop one's own tree (never
mind 
human rights legislation) but the TPO regulates this without
controversy, 
why should it fail if its a neighbour's tree?

-----Original Message-----
From:   TREECISION (Julian Forbes) [SMTP:treecision@xxxxx.co.uk]
Sent:   19 December 2001 09:14
To:     uktc@xxxxxx.oak-wood.co.uk
Subject:        Re: Offensive behaviour

. Even the Blue Book makes clear that common law and TPO law appear in 
conflict over this issue and that it has yet to be tested in court. I
agree 
with Charles that one cannot be prosecuted for enacting a common law
right, 
so abating a nusiance wins over the TPO.

*




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