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RE: That common law right [Scanned]

Subject: RE: That common law right [Scanned]
From: Jim Quaife
Date: Sep 24 2009 14:16:26
______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS                 
To provide a deeper understanding of QTRA and its practical application 
in the field we are running a two-day QTRA Training Workshop at Merrist 
   Wood College, Surrey followed by a one-day Visual Tree Assessment    
 workshop. 13-15 October 2009.  Book now and make the most of your tree 
 management budget and minimise the impact of safety management on the  
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

There might be an offence in terms of controlled waste if the work is
carried out by a contractor, but not if by a householder.  The point is
that the arisings are owned by the tree's owner, so leaving aside
courtesy, you have no choice but to ask the owner what (s)he would like
you to do with  them.  The risk is that (s)he might just tell you!
The matter is quite straightforward.
Jim

-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk] 
Sent: 24 September 2009 14:44
To: UK Tree Care
Subject: RE: That common law right [Scanned]

______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS                 
To provide a deeper understanding of QTRA and its practical application 
in the field we are running a two-day QTRA Training Workshop at Merrist 
   Wood College, Surrey followed by a one-day Visual Tree Assessment    
 workshop. 13-15 October 2009.  Book now and make the most of your tree 
 management budget and minimise the impact of safety management on the  
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

Hi Edmund,

This is a constant dilemma when advising people and I have asked Charles
Mynors for clarification on this very point to be included in his next
book. However, common advice is that the neighbour should ask the tree
owner what they would wish them to do with the arisings and generally
the owner should say please dispose of it at your own expense and, that
is not unreasonable. So we don't have a definitive answer ... I keep
meaning to trawl through the Environmental Protection Act to see if the
arisings could be classed as controlled waste and whether it might be an
offense to dump it back in the neighbouring land. It is however a very
de-minimus point. 

Ron.

-----Original Message-----
From: Edmund Hopkins [mailto:Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk] 
Sent: 24 September 2009 14:24
To: UK Tree Care
Subject: That common law right [Scanned]

______________________________________________________________________
              QUANTIFIED TREE RISK ASSESSMENT WORKSHOPS                 
To provide a deeper understanding of QTRA and its practical application
in the field we are running a two-day QTRA Training Workshop at Merrist 
   Wood College, Surrey followed by a one-day Visual Tree Assessment    
 workshop. 13-15 October 2009.  Book now and make the most of your tree
management budget and minimise the impact of safety management on the  
         tree assets that you manage.  Book at www.qtra.co.uk
______________________________________________________________________

Please advise me, if someone lops to the boundary line, can they return
the arisings even if the tree owner doesn't want them, indeed can they
insist on it?

As ever, Edmund

Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council

Join us at the Big Wheel's Big Day Out on 26th September 2009 at
Nottingham Castle for a day of FREE music and entertainment. Visit
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