UKTC Archive

RE: Perrin Appeal

Subject: RE: Perrin Appeal
From: Chris Hastie
Date: Dec 20 2007 14:52:26
Reply interwoven with original for context.
On 20 December 2007 14:40, Ben Oates wrote:
Please correct me if I have misinterpreted the appeal decision.

As I understand it, in the Secretary of State's opinion

The appeal decision has nothing to do with the opinion of the SoS

Northampton were correct in issuing an Article 5 Certificate
and refusing consent to fell 

The appeal decision also has little to do with granting or refusing
consent or issuing article 5 certificates. It is about exemptions from
the need to apply, not about how applications that are made are dealt

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? 

It means that if practical alternatives are available, felling can not
be described as "necessary" and is therefore not exempt under s198(6)(b)

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.

I don't think the question of whether alternative engineering solutions
are necessary has been considered. Various other typos make this
question somewhat difficult to understand.

Chris Hastie
Strategy Officer (Arboriculture)
Warwick District Council

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