In a message dated 18/12/01 7:22:42 pm, Andersonarb@xxxx.com writes:
<< Now I don't like the above one little bit, but if what I think Charles
Mynors
said a couple of years ago is correct; that is "a neighbour has an absolute
right to abate nuisance whether or not a TPO is in force" then I don't think
that anyone is going to achieve anything. >>
This is something that has puzzled me on a number of occasions, and I have
spoken to several TO's when it comes to TPO trees and nuisance to neighbours.
What is the legal definition of 'Nuisance' and at what stage can a tree be
seen to be causing a Nuisance.
I dealt with a case recently where a neighbours tree was hanging over the
roof of my clients house and although it was not quite toughing the tiles, it
would not take much of a wind before it did. My clients also had a problem
with the squirrels which jumped from the tree and onto their roof.
I asked the TO how much work we could do to the tree to abate the nuisance
caused by; 1) the tree brushing against the roof and 2) the squirrels jumping
across.
The TO said that we could cut off enough to stop the tree contacting to roof
surface, without an application for PP, but if we wanted to cut back more to
prevent the squirrels jumping across then we would need to make an
application.
I have been on site visits with another TO who openly advises the residents
that they are entitled to cut back overhanging branches regardless of any
TPO's, as long as the owner gives permission.
Open to suggestions,
Andrew
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