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Statutory powers


paul-smith
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4 hours ago, EdwardC said:

Check Reg. 14 (1)(iii) tree regs 2012. Then reg 14 (3)(e). Then the Telecommunications Act 2003.

yes the tree regs 2012 do state telecommunications as a exception and read the communications act 2003, if I've understand it correct think section 106-109 and schedule 3 can be related to trees, but again if I've under stood it correctly than schedule 2 of the 1984 act is still correct.

it doesn't really state on how much can be pruned though.

Will be interested other peoples views to.

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16 hours ago, EdwardC said:

That's set out in the regs at 14 (1)(a)(iii)(aa)(bb)(cc). Although what is 'necessary' may be widely interpreted by the statutory undertaker, it doesn't mean whatever they'd like to do. It means the minimum and no more.

True also only applies tpo and ca. 

 

Within the communication act 2003 it doesn't state about trees but refers back to the 1984 act. 

But no given distances or no power to access either, although I could of miss read it

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3 minutes ago, EdwardC said:

How much it is necessary to cut off any particular tree for any particular job will be different from the last job and the next.

 

The legislators could not prescribe what pruning was necessary in every situation because they could not imagine every situation. Hence it says so much as is necessary, rather than, there needs to be 5m clearance  between a tree and a 275 kV transmission line etc.

 

It's down to the statutory undertaker to do it right. It helps if they have a good working relationship with other authorities who have tree responsibilities and are able to discuss and agree what is necessary in the circumstances.

 

Rights to enter land, and what they can do if the landowner says 'get orf my land' are set out in the code.

True but with the electricity the is a statoury clearance given for the voltage set in 43-8, I think. 

 

Just think the a little clarification is needed within the act, given the growing demand for mobile phones etc

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