Bill,
Don't get overexcited ... as Chris pointed out and, IN THE CASE OF PERRIN AND
THAT CASE ONLY, this is about the word 'necessary', suggesting that the
removal of the tree cannot be described as necessary, because it was not the
only solution. what is necessary is to mitigate in a reasonable fashion and
it still doesn't excuse the tree owner from being responsible or liable for
the damage ... in the case of Perrin.
Ron.
-----Original Message-----
From: Andersonarb@xxxx.com [mailto:Andersonarb@xxxx.com]
Sent: Fri, 21 December 2007 08:55
To: UK Tree Care
Subject: Re: Perrin Appeal
In a message dated 20/12/2007 12:26:59 GMT Standard Time,
Ben.Oates@xxxxxxxxxxxxxxx.gov.uk writes:
So now LPAs know that alternative engineering solutions are relevant
when determining whether the tree should be cut down.
Hoo-flippin-ray!
In short 'it's not the tree it's the building,' as some have been banging on
for years. As I see it this doesn't mean that a tree that's hard against a
wall and is pushing said wall over isn't responsible; it's blindingly obvious
that it is, but those trees that are some distance away and accused of
extracting moisture and thus contributing to the building's demise are of
course
not responsible.
And that's blindingly obvious too.
These 'engineering solutions' shouldn't mean importing vast quantities of
'engineering-nous,' they just mean building an adequate foundation in the
first
place.
Bill.
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