Poole Borough Council case

[Adam M]

https://www.dailymail.co.uk/news/article-6501127/Exclusive-golf-club-faces-investigation-cutting-36-protected-trees.html

 

Looks like a case of proving/disproving the presence of a felling license. Unsure why this has made the national media. 

[Adam M]

Could just use the FC's website to look for whether any felling licenses applicable. 

 

 

 

 

 

 

 

 

(lol ?) 

[Wonky]

Seems to me golf course wants rid, and gets rspb to get a licence, which they did. But prolly someone not very experienced got it, and golf course  fells trees and laughs then says not our fault.

but what ever happens it will be a small price to pay for those trees ?

[Khriss]

I think there was another case of conifer abuse down there last year on some council land, k

[monkeybusiness]

I don’t see a problem personally. The trees appear to belong to the golf course, they appear to have the relevant permissions in place - what’s it got to do with the neighbours? 

[monkeybusiness]

12 minutes ago, EdwardC said:

They were TPO'd. So, as to having the relevant permissions, that's a moot point. But a quick check of the application form will be the starting point. What's it to do with the neighbours; TPO's are placed on the trees for their public amenity/benefit, the neighbours are the public.

 

Poole have a good track record for outcomes in the Courts when it comes to TPO violations. The question is, were the FC misled, and if so what, if anything, can be done. Or did they mess up.

 

If I were the tree contractor, RSPB, and the golf course, I'd be checking the application form. If the TPO box wasn't ticked I'd be getting legal advice ASAP. If the box was ticked I'd be breathing a sigh of relief.

 

Wasn't it Poole where someone was fined £75,000 for felling one TPO'd tree without consent. Different case of course, but they are prepared to dish out the fines in the right circumstances.

If they have a felling licence (which I'd imagine they do, otherwise I'm pretty sure the tabloids would be shouting even more loudly about it) then it isn't a moot point - they have done nothing wrong and the neighbours' views (in both senses of the word) are irrelevant. Do the FC not check for TPOs when issuing licences? Surely they have a duty of care to do so?

[kevinjohnsonmbe]

2 minutes ago, monkeybusiness said:

If they have a felling licence (which I'd imagine they do, otherwise I'm pretty sure the tabloids would be shouting even more loudly about it) then it isn't a moot point - they have done nothing wrong and the neighbours' views (in both senses of the word) are irrelevant. Do the FC not check for TPOs when issuing licences? Surely they have a duty of care to do so?

The liability does not rest with the FC to check for extant TPOs at the consideration of a FL - the applicant should tell them if they know there is one in effect.  If the applicant doesn't know if there is a TPO in effect, they have to check, just the same as any other tree they plan to work on.  That liability rests wholly with the land owner / person doing the cutting.

[monkeybusiness]

13 minutes ago, kevinjohnsonmbe said:

The liability does not rest with the FC to check for extant TPOs at the consideration of a FL - the applicant should tell them if they know there is one in effect.  If the applicant doesn't know if there is a TPO in effect, they have to check, just the same as any other tree they plan to work on.  That liability rests wholly with the land owner / person doing the cutting.

Fair enough - I'm surprised that the FC are absolved of any responsibility though.

(Out of interest, does anyone know of any contractors that have ever been prosecuted for felling TPO'd trees when instructed to undertake forestry works with a felling licence in place?)

I still reckon all of the boxes will have been ticked in this instance personally. The FC and the RSPB are both apparently involved on an obviously contentious site that has significant amenity value and neighbours with the financial means to involve the legal process.

I've seen a number of woodlands felled by various quangos in order to restore an historically previous version of the current landscape, much to the chagrin of immediate neighbours. It is always above board (on paper at least). 

[AA Teccie (Paul)]

From FC Guidance:

 

Other controls on the felling of trees

There are a number of other controls on tree felling which you may need to take into

account. When you apply for your licence to fell trees you must also ensure that you take

account of all other legislation. We draw your attention to the following examples which

deal mainly with the need to get permission to fell trees.

TPOs..

[Ian C]

Be a lot of hooo haaa from the toffs and the powers that be then all will be forgotten with a brown envelope!