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RE: Old TPO's

Subject: RE: Old TPO's
From: Julie Richardson
Date: Dec 14 2005 17:08:00
On 13/12/05 Tom Devine asked:

Could you go for wilful damage if the pruning cuts are to
BS3998?>>>

Tom

What an interesting defence!
 
Under section 210, the primary offence is wilful damage likely to
destroy a protected tree.  But the secondary offence (in subsection 4)
is for any other contravention of the TPO.  And carrying out the works
in question without local authority consent would be in contravention of
the TPO - whether or not they accorded with good arboricultural
practice.
 
Julie
ODPM


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