In a message dated 21/12/06 15:18:48 GMT Standard Time, irm@xxxxxx.gov.uk
writes:
The particular hedge-line (or rather tree-line) is about 100m long,
though not all of the length is evergreen trees. However, were it all
evergreen, how great a length should be cut back. The guidance helps
where the hedge is at 90 degrees to the hedge, but doesn't say this
should apply if the window looks onto the hedge. Equally in the FAQs on
the Communities site is decidedly vague over the length to be cut to
give light to a window overlooking the hedge.
Finally, for now, have many of you had cases go to appeal and has PINS
come up with any interesting and helpful case law yet?
Ian
I have found the same in that the guidance although extensive lacks
specifics in a number of areas, but then the given shear diversity of
possible cases
it is not surprising. From my tentative communications with DCLG it seems
that if it isn't spelt out in the guidance then its up to us to make a
judgement, which neatly brings us to the next point,
I do my best to justify my reasons in laymans terms and address both parties
concerns, although sadly I think you are rarely going to have two satisfied
parties. My colleague has two case (I think) before PINS and I have at
least
one. As yet nothing to report but I suspect this is the only route through
which we will get more detailed guidance.
I suppose it comes down to reasonableness and thats pretty subjective at the
best of times so I think we just have to state our case and let PINS sort it
out.
So far I have been able to implement the BRE Calculated Action Height on
only one of the three cases requiring remedial notices. The other two had
to
be greatly reduced otherwise the hedges would look like a helicopter crash
site!
Tony Lane M.Arbor.A., MIC For., Tech.Cert.Arbor.A.
Consultant & Chartered Forester
A M Lane Ltd
Hill Park House
Ashley Road
Uffculme
Devon EX15 3BJ
T 01884 840386
M 07773 845558
E LaneRowe@xxxx.com
VAT Reg No: 855 3124 32
ARBORICULTURAL CONSULTANCY - HEALTH & SAFETY MANAGEMENT - TRAINING PROVIDER
- PROJECT MANAGEMENT
Confidentiality:
The addressee(s) of this electronic communication shall treat its contents
in confidence and take all reasonable steps to ensure that the contents are
not accessed or made available to any third party. No liability arising from
unauthorised access to the information contained in this electronic
communicati
on whilst stored on any computer system or electronic storage media outside
of its direct control shall be accepted by A M Lane Ltd.
Virus checking:
Whilst all reasonable steps have been taken to ensure that this electronic
communication and its attachments whether encoded, encrypted or otherwise
supplied are free from computer viruses, A M Lane Ltd accepts no liability
in
respect of any loss, cost, damage or expense suffered as a result of
accessing
this message or any of its attachments.
_The Arboricultural Association_ (http://www.trees.org.uk/)
_Institute Of Chartered Foresters_ (http://www.charteredforesters.org/)
--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info
The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/
