Dear Learned Ones
Notifier sends in S. 211 Notice which includes proposed works to their tree
and includes works to 3rd party tree.
Its proposed by the 'overhangee' to prune back a number of their neighbour's
low branches to the boundary.
LPA raises no objection/hereby confirms agreement to this work, at which
point the 3rd party/owner of the overhanging tree is adamant that he does not
want this to occur .
The 3rd party demands that I write to the notifier explaining 'in crystal
clear terms that they are not at liberty to do this work' and then instructs
Solicitor to 'stop' this aspect of the works.
I've told him I am not prepared to do this as I am of the view that its a
nonsense, and I need not be dragged into it all.
I subsequently spoke to the Solicitor, explaining that I was discharging
myself of this matter by simply raising 'no objection' but put it to him,
given that i'd been accused of not knowing his client's rights in this
respect, re; does his client have the right to do this?
Perhaps, not suprisingly he would not be drawn on this specific issue, but
was more than happy to pick my brains about associated relevant matters, free
of charge mind!, so as to build a case.
I have explained to the 3rd party at exhaustive length...Dom's cymbal-chiming
chimp again anyone?........that the LPA determine what comes before them, as
that is what we are required to do, and that if he does not want this work to
occur, then perhaps he'd better speak to the notifier/neighbour about his
reservations, as a reasonable person might naturally do. Nah!! won't do
that...past problems with 'em on this same tree apparently.
However, after some thought, I explained to the Solicitor that I would append
an Informative to the notifiers S. 211 Notice thus.......
It should be noted that the person undertaking these works is advised that
tree work to be carried out on the XYZ tree which overhangings from
Etiolation Gardens
should not exceed that which was specifically proposed within the
notification, as this would be met with the disapproval of the LPA and be
liable to enforcement action.
The LPA holds photographic records of this tree for reference purposes which
were taken on the date of the initial site visit."
My question, at the risk of dragging you into it all.....what are the rights
of the 3rd party in this respect?
Nick Hammick
Tree Officer
London Borough of Merton
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