Ed - why can't you just refuse since the burden of proof is upon them
not you. They will undoubtedly appeal the refusal but they then have to
provide the necessary data.
Gilbert Addison
Tree and Countryside Officer
Breckland Council
Tel: 01362 656243
Fax: 01362 656297
-----Original Message-----
From: Chris Hastie [mailto:Chris.Hastie@xxxxxxxxxx.gov.uk]
Sent: 06 March 2006 15:12
To: UK Tree Care
Subject: RE: Non determination
Reply interwoven with original for context.
On 06 March 2006 15:11, Edmund Hopkins wrote:
I've got a TPO application: Householder A applies to fell
alleging subsidence, or at least the arbo appointed by the
insurer does. However Mr A appears not to want me and my
friend the engineer to inspect the property. Householder B,
who owns the tree, appears equally reluctant to let me into
the back garden to inspect the tree. Time is ebbing away and
I can't make a satisfactory decision without, for sure,
viewing the alleged subsidence damage, and it would be very
helpful to inspect the tree as well.
What should I do?
Either give 24 hours notice and invoke powers of entry under s214B(3),
or refuse the application, citing the high amenity of the tree and the
inability to reasonably assertain the veracity of the subsidence claims,
given the evidence supplied and the lack of co-operation of the
occupier.
Neither option is ideal of course. The first is undiplomatic, the second
will result in a ridiculous amount of paperwork when they appeal.
Of course, there remains a slightly thorny little issue. If damage is Mr
A's property from Mr B's tree, it's nuisance, and exempt.
--
Chris Hastie
Strategy Officer (Arboriculture)
Warwick District Council
http://www.warwickdc.gov.uk/trees
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