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Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
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But basically, yes, within certain limits there is likely to be a liability
attached to the LPA<
Chris - thanks for that. I haven't got all the Order, just the First
Schedule, practically on parchment, from 1970. I'll have to go to Mynors for
detail compensation aspect. The Order contains 130 trees, all long ago
disappeared within private boundaries as the site got developed during the
early 70's. Reviewing it will be a mess and it'd be better to simply revoke
and re-designate I think - small wonder no-one's attempted this yet! If I do
it now it'll be interpreted rather negatively, but in the last analysis right
is right.
Thanks for all contributions,
Alan
-----Original Message-----
From: Chris Hastie [mailto:Chris.Hastie@xxxxxxxxxx.gov.uk]
Sent: 04 September 2008 17:47
To: UK Tree Care
Subject: RE: TPO - refusal of consent to fell potentially dangerous trees
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<<<<<<< Don't forget! >>>>>>>
Andy Poynters' survey on hard surfaces near to trees
http://www.surveymonkey.com/s.aspx?sm=sVv9yNRZMgYvBpdQalL3Ng_3d_3d
Go on, fill it in now!!
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Reply interwoven with original for context.
On 04 September 2008 15:51, Wallbank, Alan wrote:
Should they opt to reject this, how does the liability fall
if an incident arises from the trees? Does our interference
in this man's reasonable request to remove a potential hazard
from his property cause liability to transfer to the LPA
refusing? Because it should!
The answer to that question lies within the order itself. Dig it out and
have a read. The position on compensation has changed several times over
the history of the TPO system. Provision for compensation is written
into the order, so when it changes the change has not been
retrospective. The only way to be sure what provision exists for this
particular order is to read the order.
But basically, yes, within certain limits there is likely to be a
liability attached to the LPA.
--
Chris Hastie
Strategy Officer (Arboriculture)
Warwick District Council
Looking for a tree surgeon? Visit
http://www.warwickdc.gov.uk/cya
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