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Aerial Inspection On TPOs


The Timber Titan
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23 hours ago, Chris at eden said:

Those terms are used as they are defined in law. Lopping and topping from the highways act. You are not prosecuted for topping though. It’s either wilful damage or wilful destruction.  So did the topping damage or destroy the tree.  They would have to show that the prosecution is in the public interest as well.  They could argue that an unnecessary crown reduction is damaging to visual amenity which realistically it usually is in my opinion.  In short, crown reduction is not exempt works. 

Maybe a matter of semantics here but are you saying that prosecution (wilful damage or destruction) strictly speaking is only on indictment whereas lesser works (lopping, topping etc.) not likely to destroy are punishable by fines on summary convictions (1990 Act s210(4)) and therefore aren't 'prosecution'?

 

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