UKTC Archive

Re: manky woodland and misc provisions

Subject: Re: manky woodland and misc provisions
From: Christopher Neilan
Date: Jan 05 2007 11:06:57
Portia,
I think the answer depends on how you see the public interest.
The stick provided by the Local Gvt Misc provisions is very limited and
specific.  rather than looking for a better stick (I'm not sure there is
one) you might try a carrot?
Rather than a seeing just a problem, there might be an opportunity to
work with the owner as a community project, and by offering an
investment of time/money/expertise secure a public benefit, perhaps a
voluntary agreement for public access, with perhaps a nominal annual
payment to the owner once the wood is safe.  That might even be the
first stage to getting public ownership.   The key is likely to be how
real is the public interest and would you get community support and
involvement in a project?
Cheers,
Chris

Christopher Neilan, MA(Cantab), M.Arb., F. Arbor. A.,
Landscape Officer and Arboriculturist,
Epping Forest District Council,
Planning Services,
Civic Offices,
High Street,
Epping, CM16 4BZ.

01992 XXXXXX

cneilan@xxxxxxxxxxxxxxx.gov.uk

www.eppingforestdc.gov.uk/Council_Services/planning/


minkymaid@xxxxxx.co.uk 04/01/2007 11:32:16 >>>
Yes, Bill, there is a duty of care towards the anglers, kids etc but
reading the Misc Prov Act our involvement is dependant upon the adjacent
land owner/occupier being concerned about the safety of their land, or
the woodland owner themselves being concerned and unable to do anything
about it (just wish they were concerned!). In our instance then  its the
neighbouring land owner that is concerned so presumably our remit only
addresses the trees that pose a danger to their land and not the wider
issue of people using the wood. How you convince someone that it is in
their interest to exercise their duty of care if they don't want to take
notice of a friendly letter - I don't know - any ideas?
  Portia


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