______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
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Well Alan all you can do is give your professional assessment in the report
to committee. What managers and members do with it is their affair.<
That's a bit like saying they can meddle about with the law to reflect their
local needs. This issue isn't really about the trees but about using the
knackered and embarrassing TPO to prevent an infill development site being
created. That won't happen anyway as I've told all concerned that the
remaining broadleaves on site are still TPO-worthy and they'll put paid to
any hope of it being developed. It's local infighting and control freakery
taking precedence over what's right and proper, that's what it is!
I wanted to frighten my colleagues at the LPA by advising them that we will
clearly be liable if a pine falls over and does damage or harm. Failing that,
I could revoke the TPO with some justification, or accept a five-day notice.
Alan
-----Original Message-----
From: Edmund Hopkins [mailto:Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk]
Sent: 04 September 2008 16:33
To: UK Tree Care
Subject: RE: TPO - refusal of consent to fell potentially dangeroustrees
[Scanned]
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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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______________________________________________________________________
Well Alan all you can do is give your professional assessment in the report
to committee. What managers and members do with it is their affair.
Edmund
Quoting "Wallbank, Alan" <Alan.Wallbank@xxxxxxxx.gov.uk>:
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§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§&#
xC2;§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§
‹‹‹‹‹‹‹ 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!!
§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§&#
xC2;§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§
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Steve, Moray,
Cheers for this. The guy has had a previous risk assessment done by a
very good local consultant and I broadly agree with everything in it.
I have thought of the exemption in Section 198(b) (6) but the trees are
potentially dangerous, not actually, and I feel it's a grey area anyway.
I attended the site in January when one of them was moving in the ground
and gave on-the-spot acceptance of a verbal five-day notice. That was one
tree; he now wants to fell a dozen, and he should too because they're not
at all good or reliable.
Chris - trouble with these pines is silvicultural in origin: someone
planted them about forty years ago in the shadow of established sweet
chestnut and limes. They've bolted for the light, been heavily suppressed
and are completely asymmetric. Isn't if you can prune them - no regrowth
- and at any rate they have so little visual amenity now that an attempt
at remedial pruning would be pointless.
It's common sense running smack against local politics I'm afraid, and
I've got very little patience for it when the facts are there to see.
Cheers all,
Alan
-----Original Message-----
From: STEPHEN SHIELDS [mailto:STEPHEN.SHIELDS@xxxxxxxxxxx.GOV.UK]
Sent: 04 September 2008 16:17
To: UK Tree Care
Subject: Re: TPO - refusal of consent to fell potentially dangeroustrees
______________________________________________________________________
§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§&#
xC2;§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§
<<<<<<< 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!!
§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§&#
xC2;§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§Â§
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Hi Alan,
Essentially dangerous trees are exempt from the TPO controls by way of
section 198 (6) (a) of the TCPA. I would suggest that an independent
report and risk assessment was prepared by a suitably qualified person.
If this indicated that the trees were dangerous then the owner should go
ahead and cut them down. The LPA can prosecute, the defence will be
that it the trees are exempt. Relevant case law of Smith v Oliver.
Providing the tree report and recommendation are robust, and the LPAs
tree officer supports the removal of the trees on safety ground then I
think that the LPA would loose the case and probably end up paying
costs.
Steve
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