Help and advice needed. TPO's/Conservation areas and prosecution!

[Rupe]

plus plus, i wasn't even the chargehand on site...

 

for any innocent party in these type of preceedings i can definately safe its not a nice experience!

 

Exactly, everyone is saying the climber is responsible, but if there is chargehand/foreman then on site then he is carrying out the work as well.

[Andy Collins]

One branch, one tree, a whole avenue, still a breach of CA. But your part in it is minute, compared to the college or the ex-boss.

[RobArb]

Rob,(1)did you have a specific jobsheet detailing the work to be carried out? (2)Did, at any time, the boss tell you that you were working in a CA and to stick to his directions? (3)Was there anyway you, as an employee, could have known you were working in a CA, ie previous knowledge.

So far, and only IMO, the guilty parties appear to be the landowner(s), the company boss, and by default yourself for your part in this heinous crime

 

1. yes

2. no

3. no

 

heinous?

[Amelanchier]

It would help Rob if it was established practice that he didn't check for TPOs or Conservation Area restrictions. This could easily be confirmed by other members of the workforce

 

Indeed it would! It establishes the reasonableness of checking!

 

I'm not trying to worry anyone. As I said, given the above information, it doesn't sound like they are particularly concerned with you. You'll probably end up with a nice little warning letter that you can frame in your office.

 

If the LPA is anything like mine was, a TO/ enforcement officer will collect a bunch of evidence, take it to their manager, who will take it to their manager, who will decide whether to ask for an opinion from legal, who will regurgitate all the legal waffle that the TO already knows before mulling over the following various considerations;

Is the tree properly screwed? Was it a nice tree? Has the evidence been collected properly? Is the evidence good enough? Is there a public benefit to legal action? Will the person concerned take a formal caution? What are the chances of a win in court? How much will it all cost? What's the weather like? Where are we going for lunch? How many chickens must be sacrificed to Belial? Will we ever find a single unifying theory of everything? Was Eastenders good last night?).

 

Then they'll probably sit on it until the statute of limitations expires. Just out of interest, when did you say this happened? IIRC statute of limitations is 6 months for unathorised works in a CA...

[RobArb]

oct last year

[Amelanchier]

They'll need to get their skates on then...

[Andy Collins]

 

 

heinous?

 

Well I had a picture of a Judge sitting there donning the black cap before sentencing you to hang till you are dead for this heinous crime

[BenC]

Off thread and out of curiosity is there a IIRC statute of limitations for unathorised tpo works.

 

Ben

[felixthelogchopper]

Off thread and out of curiosity is there a IIRC statute of limitations for unathorised tpo works.

 

Ben

 

IIRC- If I remember correctly

[scotspine1]

Some successful LA Conservation Area prosecutions -

 

 

 

 

Firm is fined £10k for felling protected trees (From Knutsford Guardian)

 

 

 

 

 

 

 

Fined for felling protected tree | Nottingham Evening Post | Find Articles at BNET

 

 

 

 

 

Tree surgeon fined for illegal tree felling (From Bucks Free Press)

 

 

 

 

 

 

BBC News - Warning after Narborough man fined for tree cutting

 

 

 

 

 

 

 

Architect fined £800 for felling trees - Local & National, News - Belfasttelegraph.co.uk