Trees near Schools

[treequip]

I know you are probably just paraphrasing the Act, but what it actually says is "is in such condition that it is likely to cause damage to persons or property". That is in my mind a less stringent test than 'morbidly dangerous' would be. I would say it just means 'dangerous'.

And the problem ,as others have said, is tat it forces nothing. The owner can ignore a notice requiring it to make the tree safe. The COuncil then has to weigh up the odds of not getting its miney back if it goes in to do teh work and then tres torecover the costs. The only risk to an ntransigent tree owner is that the Council might pay more to get the tree made safe than its owner would have had to.

 

Serve notice on the Council, it's all you can do in statute. It costs nothing to serve notice, and it might result in action. It is a long process and the sooner started the better. The moral onus will be on the Council to do something about the tree, the blame will attach to the Council if it all goes horribly wrong, and the Council won't want that stigma.

 

OP has said so little... If the tree overhangs the school, the school can cut back the overhang, with minimal or no notice to the tree owner. Meantime the school management might be considered negligent if it doesn't exclude children from a playground under the tree for a few weeks while the dispute is moved along. If the tree is threatening the building to the extent that harm to the school children and staff is foreseeably severe, move to another room. If that can't be done, close it down. Blaming the tree owner is not enough, you must mitigate known risk. And, of course, avoid children being harmed. DFAOE...

 

No I made that distinction because LA's are often unwilling to get involved unless there is an imminent danger, they will however often make a conspicuous site visit to assess the situation where Misc.Prov. might just come up in conversation.

 

Either way with a decay pathogen in the mix it might just get to the point where enforcement is the way to go so an early heads up cant hurt

[daltontrees]

No I made that distinction because LA's are often unwilling to get involved unless there is an imminent danger, they will however often make a conspicuous site visit to assess the situation where Misc.Prov. might just come up in conversation.

 

Either way with a decay pathogen in the mix it might just get to the point where enforcement is the way to go so an early heads up cant hurt

 

OK, if the tree is dangerous the Council has powers etc.. If it is morbidly dangerous, it might actually use them. It cant force action, though, only take action itself and force reimbursement.

[Gary Prentice]

After all sand and done, some tree owners refuse to take on financial responsibility, for the safe management of trees, the individuals usually own many cats and are quite unclean in appearance.

.

 

Jeez, we've several cats and four dogs. I didn't realise that made me dirty and irresponsible.

[Mark Cattell]

Jeez, we've several cats and four dogs. I didn't realise that made me dirty and irresponsible.

 

 

Now you know .... Not judging you or out!

[Mark Cattell]

Jeez, we've several cats and four dogs. I didn't realise that made me dirty and irresponsible.

 

 

Sorry but the dog thing makes you a balanced person, I'm talking 10 or more cats.... No dogs...

[Paul Barton]

Sorry but the dog thing makes you a balanced person, I'm talking 10 or more cats.... No dogs...

 

That'll be my neighbour...12 and counting. Luckily no big trees on her land!

[Gary Prentice]

Sorry but the dog thing makes you a balanced person, I'm talking 10 or more cats.... No dogs...

 

:thumbup:

[Adam M]

Has anyone actually used Misc Prov? I've seen a lot of people discuss it fairly confidently, but bar none, everyone seems a little unsure on how it works.

 

ps I've not used it neither do I claim to have the fuggiest!

Edited September 16, 2014 by Adam M

[treequip]

Has anyone actually used Misc Prov? I've seen a lot of people discuss it fairly confidently, but bar none, everyone seems a little unsure on how it works.

 

ps I've not used it neither do I claim to have the fuggiest!

 

 

The people that use it are the LA but I have been involved as a contractor in 2 instances where it has been used.