UKTC Archive

I may have put this up before, but your thoughts are welcome if you haven't 
seen it.
 
Please excuse the clarity, poor copy to begin with...


Paul Hawksford 
Principal Arboriculturist
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To: uktc@xxxxxx.tree-care.info
Subject: Re: Offence to cause or permit under S210 (4) TCPA
From: andersonarb@xxxx.com
Date: Fri, 11 May 2012 14:22:09 -0400




Thought I might get a few musings from the pseudo legal eagles out there. 
Clearly not :( 





-----Original Message-----
From: Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Fri, 11 May 2012 16:11
Subject: RE: Offence to cause or permit under S210 (4) TCPA

Oh come on Alastair; who's going to contradict Charles? Or Peter..........?

I have to say it all seems fair enough to me; owner gets contractor to do a 
job in conflict with a TPO, knowingly or unknowingly, they're both guilty. 
If the contractor tells the owner the tree's not protected when it is it 
starts to get a bit iffy, but buyer beware.... If the owner has 
specifically instructed the contractor to do something and he's said he has 
when he hasn't, and the contractor's gone to the trouble of forging a 
letter granting permission, then the owner might have a good defence, but 
buyer should still beware.

If a neighbour has pruned a tree without the owner's permission then it's 
probably up to the owner to prove it was without his permission. A bit 
unfair that maybe, but balance of probabilities and all that....

IIRC Dave Dowson was involved with a case where a tree owner was accused of 
killing a tree. He hadn't although he had brutalised itso badly that it's 
appearance was ruined. Apparently he got a not-guilty verdict; the moral of 
that tale being make sure you phrase your prosecution correctly, there's a 
difference between killing something and ruining it....

I agree "cause or permit" angle is a bit awkward and seemingly out of step 
with other branches of Law; I mean we're all guilty of "permitting" other 
crimes to occur but it's unrealistic to expect us to stop them isn't it? 
Apparently it must be realistic to expect a tree owner to prevent someone 
intent on cutting a tree down, which, when you put it like that isn't 
completely straightforward. I mean it's easy to imagine someone in an 
average semi-detached house preventing someone else from pruning their 
tree, less easy to imagine an absentee landlord preventing such 
nefariousness. In that case would the owner be charged along with the 
tenant and the contractor? 

I think I understand the reasons for the lack of clarity. (But I think 
someone once said something along the lines of "if you think you understand 
the matter you've not got all the facts.")

Bill.





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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/