UKTC Archive

Re: Crown lifting for buses

Subject: Re: Crown lifting for buses
From: Alastair Durkin
Date: Oct 10 2020 12:39:16
I don’t think you’d get very far convincing a court that allowing a tree to 
grow is ‘wilfully obstructing a highway’. And even if you could, it’s not the 
same as it being a ‘duty’.  Certainly there is nothing in Mynors that implies 
any duty on a tree owner either.

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________________________________
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
on behalf of Charles Bennett <charlesbennett1959@xxxxxxxxxxx.com>
Sent: Friday, October 9, 2020 8:04:21 PM
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Crown lifting for buses

S137 Highways Act 1980. If a person, without lawful authority or excuse, in
any way wilfully obstructs the free passage along a highway he is guilty of
an offence and liable to a fine not exceeding...

On Fri, 9 Oct 2020, 13:03 Alastair Durkin, <ADurkin@xxxxxxxxxx.gov.uk> wrote:

Hi Charles, can you point me to the legislation that says there is a duty
on the landowner to prevent obstruction? We know there is a duty on the
highway authority but for the landowner?

Alastair

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________________________________
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
on behalf of Charles Bennett <charlesbennett1959@xxxxxxxxxxx.com>
Sent: Thursday, October 8, 2020 6:30:37 PM
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Crown lifting for buses

Reg 14(1)(a)(ii)

If the road is obstructed it's obstructed and the tree/vegetation owner
should clear the obstruction, it's their duty. The road doesn't become
obstructed only after a s154 notice is served.

Charles

On Thu, 8 Oct 2020, 09:12 Alastair Durkin, <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

I stand to be corrected, but I don't think there is any exception under
the TPO for trees obstructing the highway. The exemption only applies if
the Highway Authority have served a s154 notice on the landowner. Until
then the landowner stills need to make an application to the LPA. Of
course
the Highway Authority can also do the work themselves using their powers
under s154 of the Highways Act.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info>
On Behalf Of John Booth
Sent: 07 October 2020 16:58
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Crown lifting for buses

5.2m regardless of vehicle usage but not sure exemption applies since I
don’t think the HAct precisely prescribes!?

Regards,

J A Booth MBA, MSc, FRICS, FICFor, RCArborA, CUEW, CEnv, DipArb(RFS),
FArborA, NDArb, LCGI(Hort) Chartered Surveyor, Chartered Arboriculturist,
Chartered Environmentalist & Certificated Expert Witness

On 7 Oct 2020, at 16:41, uktc@xxxxxx.tree-care.info wrote:

An old chestnut but can someone remind me of acceptable crown lifting
for TPO trees.



a.    single decker buses



b.    double decker buses



Kind regards

Phillip Ellis






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The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk



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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk