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Fires???


Ian Flatters
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Firstly I know we are talking green untreated wood here.

I don't have the correct legal answer to the original post but...

After having to stop a college who was frequently mixing house clearance waste in with his "controlled burn", very close to my workshop, including treaded timber(Arsenic and other microscopic ash particulates of heavy metals), particle boards (formaldehyde) and others, I did a lot of googling.

It is not so simple when money is involved.

This is just one example where a man pleaded ignorance while burning "Green waste that had been transported to another site...

Environment Agency - Leicestershire man fined for illegally burning waste

If you research the environment Agency site other factors of the defining laws become apparent. The law has changed a lot since most of us grew up and environmental pollution can hold heavy fines and even prison sentences.

I think you should be very careful and clear about where you stand.

Don't take someone Else's word that something is OK unless you have seen the proof.

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I just looked at two TPO works consent forms from two diff councils. It ain't on any of them? can you scan a picture? :confused1:

 

I've got a load of Calderdale ones and it isn't on them.

 

I went to price a job before xmas where a knackered beech was going to be a 200 yard drag so I suggested burning where it was.

 

She showed me a section on the Kirklees planning approval stating no burning on site. I remember it well as I was going to ring them and ask if they had the power to enforce that statement

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Firstly I know we are talking green untreated wood here.

I don't have the correct legal answer to the original post but...

After having to stop a college who was frequently mixing house clearance waste in with his "controlled burn", very close to my workshop, including treaded timber(Arsenic and other microscopic ash particulates of heavy metals), particle boards (formaldehyde) and others, I did a lot of googling.

It is not so simple when money is involved.

This is just one example where a man pleaded ignorance while burning "Green waste that had been transported to another site...

Environment Agency - Leicestershire man fined for illegally burning waste

If you research the environment Agency site other factors of the defining laws become apparent. The law has changed a lot since most of us grew up and environmental pollution can hold heavy fines and even prison sentences.

I think you should be very careful and clear about where you stand.

Don't take someone Else's word that something is OK unless you have seen the proof.

 

Just been going through the act and i think he got nailed for reduction in air quality/pollution. You have to be quite close to get ash all over a car? right.

 

copy for the link for act Environmental Protection Act 1990 (c. 43)

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Nice link Targettrees..Well done

Thats the statute law.....Read on people

 

Just one thought....like most dust hazards, the ash so small you can't see that it is most damaging, not the bigger stuff that falls to the ground....after gaining height in a rising clounm of hot air, fine ash can carry a very long way...ever wondered what smoke is made off? not just carbon I can asure you.

 

Oh and don't foget the hazards to the workers as well, remember some trees have real toxic potential....

"For instance, the Portuguese Laurel (Prunus lusitanica) has cyanide compounds in its leaf structure. On no account should this foliage be burnt."

 

Preaching to the converted I am sure, but not everyone knows this.

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I think the answer is, can you get away with it. There's no way I'd do it in a built up area, but I have had some massive fires in more rural locations. A couple of years ago we burnt a good acre of dense sea buckthorn, loading the fire with the tractor.

BTW farmers can apply for a liscense to burn plastic net wraps.

 

If I have plastics or tyres to burn back at the yard, I just wait for a foggy day.:001_smile:

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I've got a load of Calderdale ones and it isn't on them.

 

I went to price a job before xmas where a knackered beech was going to be a 200 yard drag so I suggested burning where it was.

 

She showed me a section on the Kirklees planning approval stating no burning on site. I remember it well as I was going to ring them and ask if they had the power to enforce that statement

 

Odd.

 

TPO conditions have to meet the same tests as planning conditions i.e.,


  •  
  • necessary
  • relevant
  • enforceable
  • precise
  • reasonable

 

IMO a condition stating "no burning of arisings on site" would only be necessary if there was a risk of damaging the tree from a fire. This would only be relevant to pre 1975 Orders as there is the offence of causing wilful damage in subsequent legislation which makes the condition redundant. (Theres no need to condition the law - its the law!)

 

So it might be argued that if you breached such a condition (and caused damage), the works you have undertaken will be not have been consented to, thereby creating a proxy wilful damage offence?!?

 

Anyway, whats this "controlled burn" stuff about. Is it necessary to distinguish from any uncontrolled burns you might have on site?!?!

Edited by Amelanchier
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