UKTC Archive

RE: [EXTERNAL] Re: Problem stump

Subject: RE: [EXTERNAL] Re: Problem stump
From: Alastair Durkin
Date: May 27 2020 09:19:25
Hi Bill

This isn't something the planning officer would get into in any way. The 
boundary of ownership is a matter of fact (presumably), and the applicant has 
to sign the certificate on the application form to that effect. Just because 
planning permission is granted (or not) does not mean any common law 
considerations are overridden. The planning officer wouldn't even discuss it 
I wouldn't have thought. 

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 27 May 2020 10:00
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Re: Problem stump

While I share the sentiments Ron (and Alastair) implies here, who actually 
"took the law into their own hands?" Was it the party who allowed the tree to 
grow over the property boundary? Or is it going to be the party that 
exercises the right to self-abatement of nuisance? Or could we look upon the 
Highway Engineer who demanded that an access be a minimum width as being the 
party that turned a "minor inconvenience" into an "actionable nuisance?"
On the odd occasion I've been called upon to advise in cases where neighbours 
are objecting to an adjacent development, I've advised that the nuisance that 
is definitely not actionable, that is shade cast by a tree rather than 
potential damage to roots or pruning branches back to a boundary, is a more 
powerful reason, as there's no right of self abatement of shade nuisance. The 
argument of "if you let that building go up, the occupants are going to be 
permanently complaining that my tree, which makes a great contribution to the 
neighbourhood's landscape and biodiversity, is making their property 
unliveable," seems more pertinent than nuisance from roots or overhanging 
branches.
If I was a Planning Officer I'd try and leave Trevor's case to his client and 
neighbour to sort out between themselves.
Bill.

On Tue, 26 May 2020 at 10:19, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Hear hear!

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Howe, Ron
Sent: 26 May 2020 09:40
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Problem stump

An 'actionable nuisance' is something that's actionable in a court of 
law and not something where a person can just take the law into their own 
hands.

Ron.



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Trevor Heaps
Sent: 22 May 2020 14:16
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Problem stump

Warning: email from outside of MVDC - if in any doubt do not open 
links or attachments, or carry out requested actions 
________________________________


Thanks Julian,

Guessing the other part-tree owner (who will no longer cooperate and 
agree to the stump’s removal) should be pre-warned about the potential 
future failure of the tree.

Cheers

Trevor Heaps
Chartered Arboriculturist
BSc(Hons), MICFor, M.Arbor.A

07957XXXXXX

trevor@xxxxxxxxxxxx.co.uk
http://www.trevorheaps.co.uk

On 22 May 2020, at 08:01, Julian Morris <jamorris@xxxxx.com> wrote:

Seems clear cut (no pun intended) to me. IF the tree is not your 
client's and no argeement is in place or could be asserted by the 
neighbour that it is managed mutually AND IF he MUST widen the road, 
then the tree is creating an actionable nuisance by encroaching on his 
land in a way that prevents the reasonabe use of the land AND IF there 
is no other solution, he can remove pat of it regardless of the 
consequences for the tree or the neighbour.

Julian A. Morris - Professional Tree Services jamtrees.co.uk  and 
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Thursday, May 21, 2020 at 6:41 PM
From: "\theapsy@xxxxxx.com\ (theapsy@xxxxxx.com)"
<uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Problem stump

Hi all,

As part of a redevelopment, my client needs to widen very slightly a
small access road. On the side of this road, there is an old, decaying 
(but
re-sprouting) Sycamore stump (see photo).
Ownership is unclear, but client thinks the centre of the stump 
would be
slightly further into the neighbouring property than his access road 
(so not the client's tree).
No TPO, no Con Area and no Planning Permission granted.
Not very good practice I know, but he wants to exercise his common 
law
right and cut a wedge out of the tree stump in order to provide room 
for the widened road (Highways have insisted it needs to be a certain 
width).
I've never come across this scenario, so wondered if he would be 
within
his rights to cut away the offending part of the tree stump? It'll 
leave a big wound, but tree is knackered anyway...

Any thoughts?

Cheers

Trevor


--
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/





--
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/



--
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/ This MVDC email is only intended for the 
individual or organisation to whom or which it is addressed and may 
contain, either in the body of the email or attachment/s, information 
that is personal, confidential and/or subject to copyright. If you are 
not the intended recipient, please note that copying or distributing 
this message, attachment/s or other files associated within this 
email, is strictly prohibited. If you have received this email in 
error, please notify the sender immediately and then delete it.



--
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/



--
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/




--
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/



-- 
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/