UKTC Archive

RE: RE: VALID Tree Risk-Benefit Management Plan

Subject: RE: RE: VALID Tree Risk-Benefit Management Plan
From: Philip Wilson
Date: Dec 22 2017 13:05:29
Hi Paul,
Thanks. What I was trying to get at was an informed view, speculative though 
it no doubt would have to be, of the legal position. Would it not be true to 
say that the courts can be quite uncompromising when it comes to tree 
inspection frequency/standard? Could they conceivably take the view that 
actually there is an acceptable threshold to satisfy the duty of care? 
Perhaps there's no satisfactory answer - but accepting that wouldn't be quite 
the same as dismissing the question.
Philip

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Paul Muir
Sent: 22 December 2017 12:36
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan

Hi Philip

This has been expressed by a number of contributors. Can I just clarify that 
this is NOT about austerity, limited budgets or insufficient budgets. It 
relates simply to whether expenditure is reasonably practicable or grossly 
disproportionate. To imply that taking a certain approach is somehow cutting 
corners is missing the point.

I thought that David's last post was really clear. I wonder how we have got 
to the point where one type of survey approach that has the potential to pick 
up a certain limited range of issues is seen to be the ideal approach, yet we 
are completely comfortable that we have very little information about roots 
or crown limbs. Somehow that's fine as long as we've looked at all sides of 
the bole. I don't get it.


Paul Muir
Principal Arboricultural Consultant
Treework Environmental Practice
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-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Philip Wilson
Sent: 22 December 2017 12:06
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan

David,
Julian expressed concern that tree risk could not be adequately evaluated 
from a walk-by inspection. You responded that it's a matter of degree and 
expediency, and went on to be rather dismissive of the concern.

Do we in fact have confidence that 'budgetary constraints' would be an 
acceptable defence if a tree inspected in a walk-by caused harm (if arising 
from a defect only visible from the unseen side of the tree)?
Philip

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of David
Sent: 21 December 2017 06:52
To: UK Tree Care
Subject: RE: RE: VALID Tree Risk-Benefit Management Plan

Hi Julian

Though I appreciate you taking the time to make your comments.  
Unfortunately, as I started to go through them point by point, and began to 
work on a reply, it dawned on me that right from the first sentence there's 
almost nothing you've written with which I agree.  On some points you're 
demonstrably wrong.  And even on the few marginal ones, I struggle to see the 
value to either of us, or the forum, of trying to pursue this.  In my draft 
to date reply I'm contesting almost every line you've typed and it's just 
going to end up with one of the those threads where I quote you 10 times and 
reply, and everyone will lose the will to live.  Sorry.

Cheers

Acer ventura




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The UKTC is supported by Bosky Trees arboricultural consultancy
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