"It is not often that I raise my head above the parapet on this
forum!!,..." Are you not one of the reasons why there's a parapet there
in the first place, Colin? ;-)
Gilbert good to hear from you. Your supposition sounds good to me.
-----Original Message-----
From: Addison, Gilbert <Gilbert.Addison@xxxxxxxxxx.gov.uk>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Fri, 28 Nov 2008 12:21
Subject: RE: Grazing in Woodlands Part 2
Congratulations Colin - its warmer out than in!
If the LA was to write a letter explaining their concerns that a
grazing
regime would damage a statutorily protected resource - would that not
render any damage incurred after receipt of that letter as "wilful"?
Gilbert Addison | Tree and Countryside Officer |Breckland Council
Office: 01362 656873 Fax: 01362 656297
DDI: 01362 656243 | Mobile: na
Elizabeth House, Walpole Loke, Dereham NR19 1EE
gilbert.addison@xxxxxxxxxx.gov.uk |www.breckland.gov.uk
-----Original Message-----
From: cgbashford@xxxx.com [mailto:cgbashford@xxxx.com]
Sent: 28 November 2008 11:34
To: UK Tree Care
Subject: Re: Grazing in Woodlands Part 2
Neil
It is not often that I raise my head above the parapeton this forum!!,
however the "Wilfull damage" category was added in I think 1975 to
extend the list of prohibited works beyond the previous "Willfull
destruction".
I am sure that there was a case where an owner was taken to Court over
just this in reference to cattle browsing damage. My memory however at
this stage is struggling to immediately recall the case, perhaps Peter
Annett could help on this.
The weak point of any such prosecution is the burden to prove that the
damage was willfully caused. The owner might be reckless in causing
damage by his sheep but can you prove that he knew that their
grazing?would damage the coppice regrowth? Based on your opinions it
seems that he perhaps does know this but can you prove it?
That concern does not mean that there is not a case to follow up and I
look forward to further continued private discussions between us(CBA
Trees) on this matter.
Colin
-----Original Message-----
From: Davies, Neil <DAVIEN4@xxxxxxxxxxx.GOV.UK>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Fri, 28 Nov 2008 8:49
Subject: Grazing in Woodlands Part 2
Firstly thanks to everyone for their input and ideas.
Some answers to the points raised......
To my knowledge the woodland tpo was in place before the Sheep were
allowed to graze the site.
The woodland has re
generated naturally on a former tin works site.
The woodland consists of Willow, Alder, Poplar, Ash and the usual
woodland suspects Thorn, Elder etc.
Most Alder on site is around 40 to 60 years old.
The woodland is a known Dormouse habitat and as such has been
classified
as a Site of Importance For Nature Conservation (SINC).
There are active Badger setts on site.
Due to a previous court case involving disturbance of Dormouse
habitat,
the land owner is unlikely to give permission for any monitoring
works.
I have no objection to the owner managing the site sympathetically,
however rumour has it that the owner aims to develop the site for
housing. It is also rumoured that he aims to have the TPO revoked as
soon as the woodland no longer justifies the protection.
Neil Davies
Caerphilly County Borough Council,
Pontllanfraith Council Offices,
Pontllanfraith,
Blackwood,
Wales
01495 235146
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