UKTC Archive

Abatement of nuisance

Subject: Abatement of nuisance
From: David Massheder
Date: Nov 30 2017 16:25:50
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Thanks for all the responses re appeal times - I have advised applicant 4-6 
month to be on the safe side.

I have another question (hence the new post title).  We have a case where a 
householder has a partially windblown (but apparently stable) Thuja leaning 
heavily over into their her garden.  I have advised them of abatement etc and 
that the tree is not currently considered to be imminently dangerous but I am 
uncomfortable telling them that abatement could go as far as severing the top 
of the tree which is wholly over her property.  I've scoured Mynors and 
official guidance but I can only see references to roots/branches rather than 
crown/trunk etc.  To my mind, I don't see why they can't cut back to the 
boundary - even if it does effectively cut the top of the tree off.  The 
neighbour is aware, refuses to deal and has taken an adversarial position - 
both very big gardens, no targets.



David Massheder | Tree and Landscape Officer |Planning and Environmental 
Wealden District Council | Council Offices | Vicarage Lane | Hailsham | East 
Sussex | BN27 2AX
Tel. 01892 XXXXXX |<> 
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