TPO Exemptions

[Amelanchier]

The tree owner will always be liable and so are you forgiving advice. NO TO has the power to tell you,that you can not fell any tree you think is dangerous even if it has a TPO. The law as it stands allows you to deal with the tree. You should stand your ground and tell them that you intend to fell on xxx date.

 

Fell what you like mate. See you in court.

 

I would suggest to you that your advice is extremely risky and not accurate.

[Topcat]

Fell what you like mate. See you in court.

 

I would suggest to you that your advice is extremely risky and not accurate.

 

I take it from the above that you are a TO. Thats exactly the attitude most contractors are faced with on a daily basis. Say yes sir mr TO and he takes 1 step forward, say no your wrong and they take two back then threaten court action. the trouble is the TO has the protection of the LPA behind him, while little Arb man has no one. The legislation is quiet clear when you put it to the test. By the way I consult for several LPA's on TPO/planning legislation and act has expert witnes. Without getting into a slanging match I would state that your opinion is just that,your opinion and unfortunately there are a lot of TO's that share your views'. Here's one for you.Some years ago an LPA prosecuted a contractor for removing dead wood from a TPO tree,the work was exempt. I was expert for the LPA and they won the case hands down...

[Dean Lofthouse]

I was expert for the LPA and they won the case hands down...

 

Isn't that like a Solicitor defending someone they know damb well is guilty.

 

My morals wouldn't let me do it.

[Pete Mctree]

 

My morals wouldn't let me do it.

If you are employed as an expert witness what's the problem?

[Amelanchier]

For the record I am an assistant conservation officer.

 

I would state that your opinion is just that,your opinion and unfortunately there are a lot of TO's that share your views'.

 

Maybe they share my views for a reason? Maybe that's our job?

 

Here's one for you.Some years ago an LPA prosecuted a contractor for removing dead wood from a TPO tree,the work was exempt. I was expert for the LPA and they won the case hands down...

 

That must have been a pretty tough case. Good job they got an expert in.

 

You are entitled to your interpretation of the legislation. Presenting that interpretation as fact is misleading and risky for others to follow.

[Topcat]

Isn't that like a Solicitor defending someone they know damb well is guilty.

 

My morals wouldn't let me do it.

.

 

Not as simple has it seems. It was a development site with conditions applied. The builder stitched up a contractor. I knew the guy involved but this did not come to light until after I had given my statements.

 

The questions I were asked only had one answer (without lying) and probably anyone could have given the answers. Unfortunately the contractor left his self wide open and I was under contract to the LPA and had no choice.

[Andy Collins]

Surely a simple courtesy call/email to the TO letting them know your carrying out the 3d's on a TPO tree would be sufficient? I normally do that, TO replies to say that its on record in case the concerned public get on the blower. Job gets done. Whats wrong with people that common courtesy gets forgotten?

[Dean Lofthouse]

If you are employed as an expert witness what's the problem?

 

The LPA prosecuted someone for removing deadwood from a tree when deadwooding is ok to do and you act on behalf of the LPA knowing what you are doing is morally wrong?

 

If my interpretation of what he said in the thread is correct, that's prosecuting someone for a crime they didn't commit.

 

That's the problem

[Topcat]

You are entitled to your interpretation of the legislation. Presenting that interpretation as fact is misleading and risky for others to follow.

 

Tony I quiet agree..what we have discussed is my interpretation and opinion only, based on 30 years in the industry. I would suggest that anyone with problems relating to TPO legislation take legal advice if they are unsure.

[Amelanchier]

Tony I quiet agree..what we have discussed is my interpretation and opinion only, based on 30 years in the industry. I would suggest that anyone with problems relating to TPO legislation take legal advice if they are unsure.

 

I agree. I think it would be benficial if I posted a copy of the blue book, it would open the discussion up.