UKTC Archive

"chris.hastie@xxxxxxxxxxxxxxx.gov.uk" 12/21/01 01:30pm >>> wrote;

.
In these days of course the power of the TPO is not without controversy. It
interferes with the enjoyment of property. Not a nuisance, but at odds with
the qualified rights to enjoyment of property granted by the Human Rights
Act.
Chris Hastie
Arboricultural Officer
..............
I shall take the position that a nuisance can only be exempt under the legal
definition of actionable as prescribed by "lower Court" and shall continue to
do so until challenged at law. Otherwise without teeth what is the point in
trying to TPO amenity trees particularly those retained on development sites
which in view of densities are typically around the site boundary. Generally
these are all we're left with after the consultants have catagorised others
down to ground level in accordance with 5837. Furthermore, of those left
within the site, few gardens can afford to have anything but boundary trees.
Why should the exemption of nuisance only apply to the neighbour if section 8
of The Human rights Act allows not only the neighbour to mutilate his
side/overhang but also the tree owner. However, I recall the Act being
extremely vague something about the right to "peaceful enjoyment of ones
home". This is utter nonsense if one interprets that to mean open season on
trees because if we can't protect amenity trees from unreasonable threat, we
might as well all stay at home.   That's where I'm going now and shall look 
forward to returning to this paradox
within my job description in the new year unless the courts have ruled me out
of employment in the meantime.
.
Merry Christmas to all
Ian.....................

                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
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