CA Prosecutions?

[arbmark]

Evening all,

Has anyone ever heard of a contractor being prosecuted for unauthorised works in CA's? I have just been to see an unauthorised half-completed job, which two other contractors (the one who started the work, and another quoting) failed to flag up the CA issue with the client. The client has hinted that they will go with the company most likely to keep things quiet, so I doubt we will be getting it....its not a biggy, so I'm not bothered.

Then there is another company just round the corner, same CA, carrying out footwide logs from a garden, no CA application on the planning tracker...... so whats going on?? Hasnt the system got the teeth and are people ignoring the protocols?

A TO did once use words to the effect that it is not in the interest blah blah to pursue convictions.....

[detritus21]

I know west lancs council have pursued a number of CA contraventions in the past.

[skyhuck]

Trees within the CA carry the same protection as TPO'd trees, so work carried out without notification (not application) could lead to a very hefty fine.

[Gary Prentice]

I sympathise with Tree Oficers and everyone else who follows the rules. I'm aware of a lot of contraventions by established companies and property owners, that the LA are aware of but have failed to pursue.

 

Clear cut, caught in the act cases are not being taken on by some Legal Departments. General apathy, budget/staff restraints, fear of unsuccessful prosecution, not in the public interest - all add up to a free for all.

 

Even when consent is in hand (on some shocking open to misinterpretation/abuse specifications), there never appears to be a follow up inspection of works by the planning department/TO.

 

A couple of local authorities either have no TO's and allow a planning officer - with no arb qualifications or knowledge, to make executive decisions or don't even send him/her out to site with the planning officer.

 

In certain areas, the term statutory protection is a joke, it's overseen by departments with no time/money/interest (legal & planning). Some of the TO's I speak to are so depressed with the situation they're contemplating leaving, being unable to do their jobs properly due to the lack of support within the council.

[Adam M]

Yeah prosecutions are great fun. Just as you are catching up with all the tpo applications and planning consults and tree safety surveys everyone starts knocking down crappy lawsons in ca's and all the neighbours get flappy and want their skulls on sticks and million pound fines. I can see why loads get left with no further action.

[kevinjohnsonmbe]

Hi Mark!! All well? I'm still mentally scarred from that TM course!

 

Only thing to do is write the details down and send it to LA (is it Devon or Cornwall?) at least that way it'll get a response, it's traceable and somebody has to make a judgement and can be held to account for it.

 

It's a constant downer to see bodgers and chancers riding rough shod over due process. Their time will come one day....

 

If you're out our way let me know and maybe catch up for a brew.

 

You keep in touch with Shaun??

[Gary Prentice]

Yeah prosecutions are great fun. Just as you are catching up with all the tpo applications and planning consults and tree safety surveys everyone starts knocking down crappy lawsons in ca's and all the neighbours get flappy and want their skulls on sticks and million pound fines. I can see why loads get left with no further action.

 

One in particular that comes to mind was a large (+1000mm dia) ash that forked at five meters. Viewed it, informed owner of the CA status and that it would be agreed.

 

Owner got a cowboy with scaffold to drop one stem- which leant towards neighbours lawn. They then sawed halfway, or more through the second stem. When they called us back, they had a tow truck and a transit attached to it. Neither had traction and the entire canopy leant and was over theirs house. The owner and his family had evacuated the property for two days

 

Anyway, we got it down.

 

We offered ourselves as witnesses, that the owner was aware of the CA, and despite requests from planning the legal dept wouldn't Prosecute.

[Adam M]

One in particular that comes to mind was a large (+1000mm dia) ash that forked at five meters. Viewed it, informed owner of the CA status and that it would be agreed.

 

Owner got a cowboy with scaffold to drop one stem- which leant towards neighbours lawn. They then sawed halfway, or more through the second stem. When they called us back, they had a tow truck and a transit attached to it. Neither had traction and the entire canopy leant and was over theirs house. The owner and his family had evacuated the property for two days

 

Anyway, we got it down.

 

We offered ourselves as witnesses, that the owner was aware of the CA, and despite requests from planning the legal dept wouldn't Prosecute.

 

That's fair game to spend time on I reckon.

[Gary Prentice]

That's fair game to spend time on I reckon.

 

Thought about it after posting,

 

As the authority would not have protected it further, after a 211 notice, I imagine that a prosecution wouldn't have been in the public interest. The trend seems to be that if they, a LA, would have consented the works anyway - no action is taken.

 

Recently heard of a TPO application to fell being refused on another property. TO caught a contractor felling it and still Legal won't do anything.

[arbmark]

Ha Hi Kevin, i thought that was you, and yes this is me! All good, gone a bit quiet, but its catch up time.....all good. Ive got an awesome team at the mo.

Thanks for the input guys, yep pretty much as I thought.

I can see in all cases but the removal of notable large trees prosecution is extremely unlikely.

Joke.