UKTC Archive

RE: Perrin Appeal

Subject: RE: Perrin Appeal
From: Ben Oates
Date: Dec 20 2007 14:40:20
Dear All,

Please correct me if I have misinterpreted the appeal decision.

As I understand it, in the Secretary of State's opinion Northampton were
correct in issuing an Article 5 Certificate and refusing consent to fell
when there were alternative engineering solutions to abate the
actionable nuisance, particularly when such solutions were of less value
than retaining the tree.

I think I've answered my previous questions.

1) Does this mean that it is acceptable for engineering solutions to be
an alternative to the cutting down, uprooting, topping or lopping of a
tree in order to abate an actionable nuisance?
A) Yes, if there is an alternative of lesser value.

2) If the alternative engineering solutions are necessary are LPA are
not liable for compensation if consent is refused for the cutting down,
uprooting, topping or lopping of a tree? 
A) Yes, if an Article 5 has been issued.

Thanks,

Ben

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