Tree care enforcement notice

[Tim Williams]

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)

PAUL

 

Misc provs is discretionary and as an LA Senior Tree Officer I can confirm that we only use it as an absolute resort where the tree is of immediate danger and either the owner is unknown or is unable to carryout the work e.g due to cost. The section 154 Highways act is different, the authority has an obligation to ensure the safety of the highway and can carryout work to trees etc after a 14 day notification has been issued and not complied with. We recently used misc provisions to remove a massive beech with merripilus situated on a bank within a residential street. The owner had passed away and the estate was in probate.

[Tim Williams]

Section 23(1) Where a District Council, a London Borough Council or the Common Council –

a) receives from a person appearing to the Council to be an owner or occupier of any land in the area of the Council on which a tree is situated a notice requesting the Council to make the tree safe; and

b) considers that the tree is in such a condition that there is imminent danger of its causing damage to persons or property,

the Council may take such steps on the land, whether by felling the tree of otherwise, as it thinks are appropriate for the purpose of making the tree safe and may recover the expenses reasonably incurred in doing so from the person who gave the notice.

 

as shown in red the council MAY take such steps therefore discretionary powers surely.

[arb culture]

No, not surely, the word 'may' can be interpreted in different ways. If you hav a power, you have a duty, see Jones v Portsmouth.

 

Ask your legal team what would happen if a tree was reported to you as dangerous under the misc provisions act and you ignored it and it then fell over and hurt someone or destroyed their property.

[arb culture]

Misc provs is discretionary and as an LA Senior Tree Officer I can confirm that we only use it as an absolute resort where the tree is of immediate danger and either the owner is unknown or is unable to carryout the work e.g due to cost. The section 154 Highways act is different, the authority has an obligation to ensure the safety of the highway and can carryout work to trees etc after a 14 day notification has been issued and not complied with. We recently used misc provisions to remove a massive beech with merripilus situated on a bank within a residential street. The owner had passed away and the estate was in probate.

 

I would advise you to liaise with your legal department. Your use of the misc prov act is very strange. Where in the act does it say that you should only use it when you don't know who owns the tree or the owner can't afford to do the work?

Edited June 29, 2010 by arb culture
typo

[Mesterh]

I think that before any LA starts to enforce work(off their own back not in Deans case) on others they should make sure their own tree stock I'd in good shape:sneaky2:

 

Black pots and kettles.

 

There no point in having a duty of care if you have to wait until someone is injured before the HSE act etc.

[Tim Williams]

why should it not be used as a last resort. we do proactively manage our tree stock and only have a limited budget to do so. we interpret the act to gives us the power to act where no other way can be found ie if the owner is unknown or is unable to cover cost then surely that would be a reasonable time to use such powers. We would first contact the owner and highlight their responsibillities and work from there.

[Czlowiek Drzewo]

I have came across this problem several times this year.

 

what about writing a letter to the owner of the tree .

 

Tell him that the tree in in urgent need of deadwooding and is in a hazerdous condition. tell him you have given a quote and professional advice i writing to his neighbour and if he does. Tell him if anything happens he will be liable for damages as you have given him notice.

 

Also hand it to him in person.

 

I have had big probs with 90ft populars i have quoted recently dropping deadwood and major limbs into gardens where there are children.

 

1 limb about 30cm daim / 20ft long just missed house and neighour still refuses to get trees worked on.

 

I tol the costumers just to cut the trees back to there boudary..whcih will leave the trees with massive lean towards there neighbours house..and see if they will start worrying about them falling over after that. lol

[Bundle 2]

"I tol the costumers just to cut the trees back to there boudary..whcih will leave the trees with massive lean towards there neighbours house..and see if they will start worrying about them falling over after that. lol ....."

 

Yeah yeah...but is it tree care?

[Bundle 2]

I was also under the impression that the LG Misc Provisions Act ( 1976 --cheers Paul) . The costs ensued from enforced works can be passed to the owners....Much precedes this scenario undoubtedly. I am wondering under what circumstances this might occur if not under 154 (Highways)--presumably " abatement of nuisance/actionable nuisance?" If the Owners & Occupiers Liability Act states where responsibility lies, it is not hard to see where the confusion originates. It may seem oxymoronic but perhaps there is little scope for an authority to assume this tact without also assuming the liability....?

 

ps..this ten minute rule gets me every time....

[Czlowiek Drzewo]

"I tol the costumers just to cut the trees back to there boudary..whcih will leave the trees with massive lean towards there neighbours house..and see if they will start worrying about them falling over after that. lol ....."

 

Yeah yeah...but is it tree care?

 

yeah yeah...but the trees need to come down. If i was te costumer and trees were dropping branches into me garden with children there and the owner was not interested it getting the trees pruned..then i would cut back to the boundary..All over hanging branches.!!

 

who comes first trees or people lifes??