UKTC Archive

Re: Felling licence

Subject: Re: Felling licence
From: Simon Pryce Arboriculture
Date: Dec 27 2007 20:23:17
From experience of one case a few years ago the "attached to a dwelling house" bit is highly relevant. In that case the house had been demolished but some garden features, including bases of greenhouses and tiled paths were still present. The FC didn't accept the argument that it was a garden and the case did go to court.

If there is any doubt it is worth being careful with this. I'm, not sure if the situation has changed in recent years, but at the time prosecutions were done by MAFF who seemed to pursue them even where the chances of conviction were well under 50% and there was no obvious public interest [the DPP criteria]. One Justices Clerk of my acquaintance used to get really annoyed with the way they clogged his court up.

Simon



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