Overhanging branches

[Con]

Do the same rules apply to a tree on council land as they do on private land? ie a council tree with branches overhanging a domestic property. Can the home owner cut back the same as if the tree was on private property?

Thanks

[Mark Bolam]

I’ve got a problem in that the local bowls club have asked me to cut back branches on a crack willow overhanging there clubhouse.

It simply can’t be done from the ground, and there is no access for a MEWP.

The tree owner is a renowned arsehole, and is refusing permission to access his tree.

The job can’t be done without doing this, for anchors and rigging points.

Where do they stand legally?

[Ratman]

Being a bowls club is it council owned? If so could it not be registered somehow (from a legal point of view) as a potential dangerous act / or negligence issue. i.e slap the arsehole with some sort of injunction to comply, highlighting that if he doesn’t agree to compromise on a safe resolve then he will be held accountable for all costs incurred when the inevitable happens?

[Mark Bolam]

Hopefully Ratman.

They’ve already had several snapped limbs on their roof.

Shame if it had to get legal.

Why can’t people just be reasonable?

[Ratman]

Hopefully Ratman.
They’ve already had several snapped limbs on their roof.
Shame if it had to get legal.
Why can’t people just be reasonable?

Cant answer ya that Mark unfortunately, i hope he gets his just desserts from being an arse. With older retired folks i’m sure its a mix of boredom and attention seeking cos they have too much time on their hands and feel its a must do challenge.
My neighbours are mint fortunately, i’ve just put plans in with council to throw up a new bigger garage at back, they’ve both received the letter of proposal from council last week and collared me within a day each other to say
“had your letter Andy, just thrown it in bin”
winner! ? but some people are just awkward from the outset, and unfortunately its something we just have to deal with. ?‍♂️

[AA Teccie (Paul)]

Scissor-lift n poles poss?

 

Perhaps remind the tree owner your client is prepared to meet the cost of him better meeting his "duty of care" responsibilities / potential liabilities...given there've already been failures and therefore it would probably meet the "foreseeability test"  

 

Good luck.. 

[AA Teccie (Paul)]

A long shot, as it's discretionary powers and many LAs don't adopt it, but if it really is foreseeable and you've made all reasonable attempts to resolve it, and can demonstrate / evidence such, the Local Government Miscellaneous Provisions Act (Sect. 23 - Dangerous Trees) may offer a solution...ONLY MAY!

 

Perhaps you could also quote this to the tree owner to encourage his reasonableness.. 

[Mark Bolam]

Thanks Paul.

To be fair I think we’ll try the reasonable approach first and see where we get.

No access for scissor lift - the club has been built round and landlocked for years.

Access is only via an alley then a right angled turn through a narrow garden gate.

The clubhouse in question would then be in the way in any case.

[Ratman]

What sort of roof is on it Mark? Could you not span the weight on the roof using ladders/boards etc, reduce/remove limbs in small weight sections as to preserve you and the roof from the inevitable [emoji6] obviously it would take a bit longer. But safety in mind and all that. Or are you literally knackered without Victor Meldrew’s permission of access for your anchors and rigging etc?

[Con]

2 hours ago, EdwardC said:

Yes. But check that the tree isn't protected before you start, and don't forget to offer back to the Council what you cut off.

I will check. It's an ugly sycamore on common land. Seeded itself at some point. It is now covered with ivy, probably not harming it, but not doing it any favours aesthetically. (That's another issue)

The other issue is that I could really do with getting in the tree to set up