UKTC Archive

RE: Perrin Appeal

Subject: RE: Perrin Appeal
From: Howe, Ron
Date: Dec 21 2007 09:18:53
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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