UKTC Archive

RE: Who is responsible for breach of condition?

Subject: RE: Who is responsible for breach of condition?
From: David Massheder
Date: Oct 11 2018 13:29:16
I like that, I can see a new saved policy being formulated...

David Massheder | Tree and Landscape Officer |Planning and Environmental 
Services
Wealden District Council | Council Offices | Vicarage Lane | Hailsham | East 
Sussex | BN27 2AX
Tel. 01892 XXXXXX | Email.david.massheder@xxxxxxxx.gov.uk | Web. 
www.wealden.gov.uk

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jerry Ross
Sent: 11 October 2018 14:20
To: UK Tree Care
Subject: Re: Who is responsible for breech of condition?

Re tree thieves: they used to deal more firmly in The Old Days - see the 
attached 1766  law, The Act for Encouraging the Cultivation and for the 
Better Preservation of Trees, Roots, Plants and Shrubs, which says that 
offenders could be deported for up to seven years...

But ground anchors might work.  Or one suggestion I came across was to lay 
chicken wire into an area that's been stripped of turf or soil around the 
pre-dug planting pit. Plant your tree through a hole made by cutting a couple 
of slots in the chicken wire and folding it up. Once the tree's in and firmed 
down, fold back the chicken wire flaps and use wire or string to secure it 
(loosely) around the stem. Firm down the sheet of chicken wire into the 
bottom of the larger diameter hole and back-fill.

No idea if this would actually deter a tree thief, but it would probably 
annoy them.  I've used chicken wire to stop rabbits, chickens and cats from 
digging around newly planted trees but I've used wire that's been through a 
bonfire. The, if I forget to remove the wire, it will rust away.





On 11/10/2018 13:18, oldoaktree@xxxxxxxxx.net wrote:
As a bit of a side, does anyone know of any systems which can prevent or at 
least make it harder to uproot small plug planted trees.

I'm struggling to get inventive with this one!

Cheers

Dave

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
<uktc-request@xxxxxx.tree-care.info> On Behalf Of Charles Bennett
Sent: 10 October 2018 16:14
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Who is responsible for breech of condition?

I thought you would have had to have proof of theft otherwise how could 
that be prosecuted. It seems it is not disputed who is responsible for the 
tree removal.

The landowner is the one who should be served the enforcement notice.

On Wed, 10 Oct 2018, 13:33 Bill Anderson,
<anderson.arb.original@xxxxxx.com>
wrote:

I'd thought of that Charles, but who would you prosecute? Presumably
you believe the man who's planted the trees but without proof that
the perp had removed them, you'd be a bit stuck wouldn't you?

On Wed, 10 Oct 2018 at 13:26, Charles Bennett <
charlesbennett1959@xxxxxxxxxxx.com> wrote:

And or, suggest to the LPA that at the same time the next
replacement
tree
is planted it is TPO'd.

On Wed, 10 Oct 2018 at 09:09, Alastair Durkin
<ADurkin@xxxxxxxxxx.gov.uk>
wrote:

That’s theft, so the police would be my suggestion.

But yes it always runs with the land I think.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:
uktc-request@xxxxxx.tree-care.info] On Behalf Of
oldoaktree@xxxxxxxxx.net
Sent: 09 October 2018 20:35
To: UK Tree Care
Subject: Who is responsible for breech of condition?

Hi All,

I've got an interesting case where tree planting has been
conditioned
and
the condition has been satisfied by the owner of the property.

However, someone, is removing the trees. This person is
identifiable
due
to one of those horrid bad blood situations we sometimes have to
deal
with.
However, an enforcement notice has been issued which the owner is
very keen to comply with, but it is likely that the tree will be
removed
again.
Of course, I am going to talk to the LPA to explain the situation
and
try
and work with them to get a satisfactory outcome.

The question is this, Is the owner of the property always
responsible
for
breaches of planning permission on their property, or is the breach
caused
by the person who actions it and they are therefore responsible?

Mynors II at 14.6.2 seems to suggest that the breach is the
landowners responsibility which makes dissuading the person who
removes the tree a
bit
of a hard task!

Any wisdom on this?

Cheers

Dave




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