Criminal Damage?

[Mesterh]

I very much doubt anything will come of this like Skyhuck says I dont think anyone has ever successfully been prosecuted for removing limbs from a TPO'd tree that isnt there's and overhangs boundary etc.

 

Would be totally different though if the tree owner decided to remove a limb or 2 without consent from the LA

 

 

BTW has anyone else noticed the amount of tree 'chopping' going on that neighbours seem to think they have a right too? We are getting quite a lot of this lately, neighbour hacking clients tree/shrubs to bits.

[janey]

I very much doubt anything will come of this like Skyhuck says I dont think anyone has ever successfully been prosecuted for removing limbs from a TPO'd tree that isnt there's and overhangs boundary etc.

 

Would be totally different though if the tree owner decided to remove a limb or 2 without consent from the LA

 

 

 

As far as I am aware, even to abate a nuisance you still need to apply for permission so a TO can assess if it is a reasonable request and state the minimal amount of work necessary. Tis a tricky area of the law.

[Mesterh]

You are supposed to apply but basically people can get away with it so they do

[Bundle 2]

Tony is right....the best course of action may well be to pursue the legal obligations derived from the order.....Sends out a very bad message to owners, neighbours and arborists alike.

[Tom D]

Something that I thougjht would be interesting would be if the council didn't bother with the legal side of the prosecution and just slapped a fixed penalty fine on instead. This could work in the same way as parking / speeding fines where the onus is on the person breaking the law to take action if they believe they have been unfairly treated.

Here's my suggestions:

 

Cutting in a conservation area without consent £150

Pruning TPO without consent (not life threatening to the tree) £500

Felling / ireversibly damaging TPO £2000

 

Interested to hear what any of you LA boys think.

[Amelanchier]

I'm not paid enough to take the abuse that would go with that!

 

Would be an interesting approach - the offences are ones of strict liability already. I dare say it wouldn't be a popular move!

[janey]

 

Cutting in a conservation area without consent £150

Pruning TPO without consent (not life threatening to the tree) £500

Felling / ireversibly damaging TPO £2000

 

Interested to hear what any of you LA boys think.

 

I like the idea, and I would like it even more if it was administered by another LA department, such as enforcement .

[Bundle 2]

Hey....I despise fixed penalties but rarely get away without paying.....

[RobArb]

Had to tidy up this mess today, don't think the people of salford like trees:thumbdown:

 

Although it could be the local burglars, there was a broken open empty safe next to ther felled willow:lol:

 

Sent from Rob's GalaxySII

[RobArb]

At least they broke their axe:001_rolleyes:

 

Sent from Rob's GalaxySII