UKTC Archive

RE: CAVAT

Subject: RE: CAVAT
From: Jon Heuch
Date: Jun 03 2019 17:28:25
Jim

 

You aren't the first person to have seen this; in due course, if the editor
allows, you will be able to read my take on this issue in the Arboricultural
Journal.

 

i)                    These are ransom trees with the CAVAT value
representing the value of the tree removed, not living. It's not an
arboricultural value.

 

ii)                   There is potential for a conflict of interest if a
council is not careful..we will give you planning permission if you give us
lots of lovely dosh i.e. conditionally. If it's tied up in a s106 agreement
then there are legal and planning tests to be applied. The word reasonably
appears in them. However, I have been involved in a case in which the
council (as planning authority) has refused to sign off a condition because
the council (as land and tree owner) wanted some money as compensation. No
money in the council's bank account, so no condition discharged. Due to a
technicality the developer paid up but we had legal instruction on the
issues involved. I was looking forward to the matter being settled in court
but alas, as ever, a few thousand for a tree is far cheaper than legal
costs.

 

Jon




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/