Ho, ho. Nice typo. Are you suggesting that dear old Mynors is a whited
sepulchre? :)
-----Original Message-----
From: Mark Carter [mailto:mjc@xxxxxxxxxxxxxxxx.co.uk]
Sent: 13 December 2005 16:39
To: UK Tree Care
Subject: Re: Old TPO's
Chris,
The similar local situation I referred to happened before Mynor's
tomb
was published and resulted in the TO and me having to backtrack on the
advice given to my client (the owner of the TPO'd tree). A bitter
lesson
not easily forgotten!
Mark.
----- Original Message -----
From: "Chris Hastie" <Chris.Hastie@xxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Tuesday, December 13, 2005 4:04 PM
Subject: RE: Old TPO's
Reply interwoven with original for context.
On 13 December 2005 15:53, Mark Carter wrote:
Jon,
If the TPO'd tree stands in one garden and the limb that was removed
overhangs another garden in separate ownership and the neighbouring
owner removed the limb, a prosecution under the TPO may not be
successful. The common law right to cut back to the boundary is
considered by many (including Mynors) to override the statute law of
the TPO,
My understanding of Mynor's view is that the fact that the branch is a
nuisance is what constitutes an exemption. Your statement that the view
is held by many, including Mynors, is interesting because the only
people with any knowledge that I have encountered holding such a view
are those that have read Mynors ;)
however this has
yet to be tested by the courts.
A perfect opportunity then to find out whether Mynors or Sun Timber Co.
Ltd. v Leeds City Council is right!
--
Chris Hastie
Strategy Officer (Arboriculture)
Warwick District Council
http://www.warwickdc.gov.uk/trees
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