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Re: Old TPO's

Subject: Re: Old TPO's
From: Mark Carter
Date: Dec 13 2005 17:09:09 
Tom,
Good question. I didn't witness the act, but the quality of the final cuts
suggested professional help. Interesting thought though. 

Mark.
----- Original Message -----
From: "Devine, Thomas" <tdevine@xxxxxxxxxxx.ac.uk> 
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Tuesday, December 13, 2005 4:57 PM
Subject: RE: Old TPO's


Mark

Do you know if the neighbour himself did the pruning or did he get
someone else to do it? Because I wonder if you could get the neighbour
on the lesser charge of aiding and abetting as well as the person with
the saw.

Tom

-----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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