UKTC Archive

Re: mischievous applications

Subject: Re: mischievous applications
Date: Dec 23 2002 09:20:21
THe law I though on this one is that we (LPA) are only liable if the
applicant places forward a specific reason for felling the tree.  When I
get this qestion on site I normal give the example that if the applicant
was to point out the tree was extensivly decayed in the base and I
ignored it and the tree subsequently failed because of that  decay then
we would probably be liable.  If on the other hand the owner just stated
that the tree was dangerous, then in the reply letter the to applicant
(whilst refusing) we recomend they seek professional advice pointing out
par. 10 of the DTLR leaflet.   Thus I hope if going to court the judge
will natraly ask 'did you seek professional advice' and did you read the
leaflet from the DTLR. 12/23/02 08:45am >>>
Our householder has a fine tree but resents it bitterly and has applied
fell perhaps 4 times over the last ten years. It went to appeal around
years ago which the council won then another app came in which I
The householder said she would apply to fell annually in order to
liability when it fell down, to the LPA. I think I understand the
circumstances when compensation is payable (and quite right too)but I
help thinking this is a mischievous misuse of the planning system. I'm
to visit again and its less than 6 months since the last refusal. What
can I
do? Incidentally she steadfastly refuses to engage a consultant
regarding it
as a waste of money - what a vexatious person!

Edmund Hopkins
Arboricultural Officer

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