Trade restriction?

[monkeyboy]

Scenario: Mr Bloggs wants some trees in his garden removing. The property is within a conservation area so the Local Authority is contacted and the appropriate notices completed. Mr Bloggs receives confirmation that the council is happy for him to go ahead with the felling of the trees.........BUT he must use one of their approved contractors.

 

Do you feel the Local Authority have any right to dictate who carries out the work on Mr Bloggs's private property or should this be choice of Mr Bloggs?

 

This is not a job I am involved with but was a situation mentioned to me recently.

[Ian C]

I would say that B\S the council cannot dictate who does the work on private property, Mr Bloggs himself can do it if he so wishes, provided he does it right of course.

[felixthelogchopper]

I suspect it would be open to challenge if Mr Bloggs' choice of contractor could be shown to be of an equal level of competence as the council's approved contractor, particularly if the council list had a hint of 'closed shop' about it.

[geoff]

As long as the contractor was up to spec on quals & insurance no worries,especialy on a removal.

They can protect trees,but they are not a body to dictate which tradesman to use.

Thats my take on it anyway.

[felixthelogchopper]

Is this from the case in Bradford where the guy was fined £3,000+ for getting his TPOed beech cut by someone unqualified? If so, the contravention was due to the unqualified nature of his choice of contractor whose badly done work cut the life expectancy of the tree from 40 to 2 years

[treequip]

I suspect it would be open to challenge if Mr Bloggs' choice of contractor could be shown to be of an equal level of competence as the council's approved contractor, particularly if the council list had a hint of 'closed shop' about it.

 

Don’t even go there.

 

The LA can stipulate that the works are done to a suitable standard but not who does them.

 

The other issue here is approved contractors, how many LA’s still have an approved contractor lists?, the vicarious liability issue put paid to most of them.

 

 

Andy

[geoff]

Is this from the case in Bradford where the guy was fined £3,000+ for getting his TPOed beech cut by someone unqualified? If so, the contravention was due to the unqualified nature of his choice of contractor whose badly done work cut the life expectancy of the tree from 40 to 2 years

 

Can't be Felix,this guy wanted them felled!

[felixthelogchopper]

Don’t even go there.

 

The LA can stipulate that the works are done to a suitable standard but not who does them.

 

The other issue here is approved contractors, how many LA’s still have an approved contractor lists?, the vicarious liability issue put paid to most of them.

 

 

Andy

 

Exactly what I was saying

[monkeyboy]

Thanks for the replies chaps.

This is exactly the take I have on the situation.

It is up to Mr Bloggs to ensure the chosen person is of an acceptable professional capacity to carry the job out to the standards specified by the Local Authority - if any.

It is also his discretion if he opts for a person with no insurance cover or of lesser skill - or even to attempt the job himself; so long as he understands the possible implications of his actions.

This smacks of a "closed shop" as far as the details I have been given.

[felixthelogchopper]

Can't be Felix,this guy wanted them felled!

 

Fair one , Geoff. I must have frozen my brains off as well as other parts of my anatomy on Hadleigh Downs today