Tree care enforcement notice

[Dean Lofthouse]

Will do

[chaffey]

We came across this problem very recently and it is still on going. The guy that writes the letters sent one to the owner of a large ash tree that is over hanging one of our properties and after initially agreeing verbally has now retracted permission (god only knows what was in the letter) and it seems as if the occupiers have now got to go to their local councillor. I always think it's such a shame as problems such as these can be solved easily but end up getting completely out of hand!! It is a pet hate of mine. Thank goodness i got that one off my chest ha ha ha. Some good ideas in this thread mind you which hopefully we'll try.

[Dean Lofthouse]

I find face to face people are more ameanable

 

Once it goes to letters people say things they wouldn't normally say and things get out of hand

[chaffey]

That's exactly how i think things should work but you know how it is when you work for an organisation they want everything in writing and i'm just the schmuck that does the job so don't get involved!! I end up having to adopt the attitude that i'm only paid from the neck down..........until they need advice!! You know what i mean!

[arb culture]

Dean,

 

Just get your client to report it to the LA who'll probaby deal with it under the misc provisions act.

 

There is considerable debate among the legal people about whether an LA has an obligation under this act, but at the moment most LAs assume that they do have an obligation.

 

I know the LA won't thank me for saying this (cos it gives them extra work), but they will usually deal with it once it's reported.

[AA Teccie (Paul)]

Hi all, jumping the gun a bit here as I have't read all the previous posts.

 

The LG Misc. Provisions Act 1976 (Sect. 23) is a 'discretionery' power, adminstered by the LA rather than HA (but oftne the same organisation) and I have worked for LAs who both enforce it and those who don't. Of those that did it would only be as an absolute last resort and the complainant would need to demonstrate such and the 'danger' would have to be significant and imminent...otherwise sorry it's a neighbourly dispute.

 

Not much help but perhaps a clarification.

PAUL

[arb culture]

Don't be so sure about the discretionary power thing. There's some very learned legal people debating this and it seems that it's a bit of a grey area.

 

Like I say, some LAs assume it's discretionary and some don't.

 

Some will use the power readily, and some will not use it at all.

 

There is no harm in trying. If the LA don't want to get involved they will say so. If they do then they'll deal with it and that will be an end to the matter. It costs virtually nothing to send them a letter and then just wait and see.

[Amelanchier]

There's a world of difference between a "power" and a "duty".

[arb culture]

I know, but they do go hand in hand, and it all becomes a bit foggy sometimes.

 

See Jones v Portsmouth for an example of where a power and a duty overlap.

Basically, if you have a power over something, you also have a duty to make sure it doesn't cause harm.

 

The legal people are better placed to discuss this, but I just wanted to make sure that people are not being told something is certain, when it isn't.

 

At the end of the day, Dean has a real world problem, which I have sugested a possible solution to. If my suggestion doesn't work then it will have cost the price of some paper and a stamp, and if it does, the problem will be solved.

 

Good luck with it Dean.

[AardvarkTreeServices]

Put a felling notch in the tree with a bow saw under the cover of darkness? Obviously in the direction of the rich guys land!