Criminal Damage?

[Tom D]

Was working on a large TPO'd oak today, we've deadwooded it twice before, this was another deadwood. On previous occasions the neighbour who's garden it overhangs has come out to have a moan about it, I have always explained that because of the TPO we can only really remove dangerous stuff.

This time however I discovered that he had taken things into his own hands and ringbarked a couple of limbs, one of which is about 18" thick and supports around 30% of the canopy. Fortunately he has done a crap job and not gone quite all the way round, unfortunately the part he has left is on the underside of the limb. For good measure he also drilled a large hole and then painted the whole lot with creosote.

 

While I was working he came out to have another moan and said that he was going to cut the limbs off anyway, he said that he'd got someone in who had "marked" them where he was going to cut. I pointed out that as a protected tree he could be liable to a fine at which point he said that the guy had just "come and done it" and that "he didn't know who he was or why he had done it"! Like there's a guy who goes around doing it for fun.

 

The really sad part is that the council are not really that interested and will only send out a stroppy letter and the owner of the tree is unwilling to rock the boat as he plans to sell up soon. So he will get away with it.

 

I am recommending that the limbs are thinned a little to reduce the weight and possibly braced to allow time for the wound to heal over, so the poor owner ( who is a pretty concientious sort )will probably have to fork out for this leaving the perpetrator to enjoy the results of the thin and pay nothing.

 

Really makes me mad this.

[tommer9]

That is soooo out of order mate, what a total tosser. Fill his water supply with creosote, see if he likes it.(not)

[jojam]

That is typical joe public for you, we get that kind of behaviour on LA jobs. This limb presumably hangs over his property does he not realise that it may have failed and come down and done serious damage to life or property!

[old snake]

We get this kind of crap all the time!! Most of the time the LA dont even seem that bothered? Why bother putting a TPO on if you dont give a damn?

Edited June 3, 2009 by Amelanchier

[Amelanchier]

Depressing isn't it.

 

If you can be bothered it might be worth putting a letter together to the LPA asking to see their enforcement policiy and reminding them of their responsibilities under the legislation. Add in that you will be writing to complain to the Local Government Ombudsman should they not give you a satisfactory explanation for their actions.

 

Is the owner not under a duty to disclose neighbour disputes? Might be easier to sell if the problem is sorted out. I.e., get the police in to investigate an offence of criminal damage.

[Nimby]

In our Borough the TO would go for a prosecution on that. Especially if you would be willing to stand up in court and repeat what the guy said to you.

[Mark Bolam]

What a prick.

 

LA / ombudsman if they won't enforce is the best shout so far.

 

The owner is hardly likely to shell out for bracing etc. if he is selling up. And why should he?

 

There would be a certain twisted irony if the limb failed and took this bloke out!

[skyhuck]

In our Borough the TO would go for a prosecution on that. Especially if you would be willing to stand up in court and repeat what the guy said to you.

 

I could be wrong, but I believe there has never been a successful prosecution of infringement off a TPO by a third party, IE neighbour cutting of over hanging branches.

[Stephen Blair]

I could be wrong, but I believe there has never been a successful prosecution of infringement off a TPO by a third party, IE neighbour cutting of over hanging branches.

 

 

 

a couple of toffs went to jail last year or maybe the year before for cutting back nieghbours laurels, i know of someone that got fined approx 20k for sneaky hacking. ha ha i say:mad1:

[janey]

 

The really sad part is that the council are not really that interested and will only send out a stroppy letter and the owner of the tree is unwilling to rock the boat as he plans to sell up soon. So he will get away with it.

 

 

Grrr, I'm sharing the frustration . Both with the neighbouring vandal and the LA legal system. The first sounds like a complete, sanctamonious NIMBY eejit. And as for the second... The sad reality of TPO enforcement is that unless the LA has an almost 100% chance of getting a conviction, their legal team don't want to waste time and money by taking further action. So a stern letter and a wrist slap is about as much as most TPO infringements are likely to get. Which seems so wrong as it is statute law beeing broken and, really, the police should be involved .