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

[GMan]

Any person removing or pruning a tree within a Conservation Area, without first giving the statutory notification, is guilty of a criminal offence and liable on summary conviction to a heavy fine.

 

I once worked for a local arborist. Before my time with him he had been called in to do a days work for a friend, a local garden maintenance contractor to do some felling work because he himself had no formal training In tree works. To cut a long story short my old boss felled a large mature oak on the boundary of a church yard having been assured by the garden contractor and the vicar that it was in the boundary of the yard and not outside and not protected in anyway. Wrong, forestry commission there before the tree was logged, plans in hand. Result, Vicar = no action, Garden contractor £1000 fine, Arborist on a day rate, not his job or billing the vicar remember = £5000 fine, why = He was the only one Involved who with 45 years of experience and Arb qualifications under his belt etc should have known better.

Edited January 11, 2011 by GMan

[felixthelogchopper]

I guess it possibly would - my point was that the OP had been asked in for FI regarding an offence under a certain part of the law and that that particular legislation did not exlcude anyone from liability. Decisions about whether its reasonable for those individuals to have checked the constraints are subjective and not measured against an agreed guidance - the bloke in the wig will decide!

 

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

[RobArb]

yep, it was established practice, AND other employees COULD prove this easily.

 

also a quote from above, my signature wasn't on the "report", it wasn't forged just my name typed on it and not by me:lol:

[RobArb]

plus i'll say again, i took one limb off! then i was off sick and the work continued without me and was nearly finished when i got back, there was one tree to do and i stayed on the ground!

[RobArb]

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!

[Andy Collins]

Rob,did you have a specific jobsheet detailing the work to be carried out? Did, at any time, the boss tell you that you were working in a CA and to stick to his directions? 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

[Rupe]

Any person removing or pruning a tree within a Conservation Area, without first giving the statutory notification, is guilty of a criminal offence and liable on summary conviction to a heavy fine.

 

I once worked for a local arborist. Before my time with him he had been called in to do a days work for a friend, a local garden maintenance contractor to do some felling work because he himself had no formal training In tree works. To cut a long story short my old boss felled a large mature oak on the boundary of a church yard having been assured by the garden contractor and the vicar that it was in the boundary of the yard and not outside and not protected in anyway. Wrong, forestry commission there before the tree was logged, plans in hand. Result, Vicar = no action, Garden contractor £1000 fine, Arborist on a day rate, not his job or billing the vicar remember = £5000 fine, why = He was the only one Involved who with 45 years of experience and Arb qualifications under his belt etc should have known better.

 

 

Thats a very good point! Its the one with the most experience that got fined and in the case that you mention above that is correct. I work for garden designers/landscapers etc etc and they all leave it too late before getting me in and they all say its not a conservation area etc etc. and they are all basicaly lying to my face cos the dont want any delays on the work. I check and then laugh at them, and say see in six weeks!

[felixthelogchopper]

plus i'll say again, i took one limb off! then i was off sick and the work continued without me and was nearly finished when i got back, there was one tree to do and i stayed on the ground!

 

I think you would be wasting your time with that avenue of defence as you are still admitting that you did cut the tree, and I don't believe the alleged offence is lessened by degree. I might be wrong but it seems to me as though the LA is more interested in your former boss than you. However, that doesn't preclude them trying to tie you into it all as well, so keep your wits about you.

[Rupe]

Another problem with all this (in general, not this case) is that there is NO paperwork for when the work is outside of a conservation area.

 

So if planning ahs been obtained the climber can ask to see the paperwork, but if outside the CA ther eis no paperwork. So if a boss sends someone out with no paperwork and says its not CA, then its his word you have to take, as you have no proof.

 

One big improvement though is that many councils now have online maps for conservation areas. I have them for every town/village in the area, so when I go to quote I can pull it out there and then and show the stupid homeowner that even though they want it doing next week and its not protected it actually is!!!

 

If every crew workign for a company had those maps, and were told not to carry out any work withign the marked area without haveing the consent with them, they woudl then know what jobs they need the consent with them and when they dont need it.

[Rupe]

I think you would be wasting your time with that avenue of defence as you are still admitting that you did cut the tree, and I don't believe the alleged offence is lessened by degree. I might be wrong but it seems to me as though the LA is more interested in your former boss than you. However, that doesn't preclude them trying to tie you into it all as well, so keep your wits about you.

 

But no damage or willful destrcution was carried out. It will be fine, slapped wrist at best.