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Ackworth Arborists
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Surely and he la can deem it as a an open space then the FC should be in agreement . This is the problem in the uk , every possible authority or organisation interprets the ruling differently , I guess I'm no different but really ! ! As a country we really do need to smarten up and sort our system of red tape out

 

If you've been naughty the courts will decide. Tghey dont care about red tape. I say all you need is a reasonable command of english and a dictionary for back-up. No point in taking definitions from one Act that is there largely for convenient abbreviation and for specific purpose, and trying to apply it out of context to another Act.

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Everyone has their own 'rule of thumb' for FL exemption, but there's only one rule that counts and that's the one that's in the Act. There are enough examples of prosecutions and admonishments and near misses to suggest that the FC can and will get pretty pedantic about the definition. I'd never advise a client to take a chance on it. The exemption definition is so succinct that I find paraphrasing of it unnecessary -

 

"in an orchard, garden, churchyard or public open space"

 

It may be succinct, but in my experience, legal definitions of a garden are somewhat difficult to define. At what acreage does a garden with trees stop being a garden (exempt) and become a wood?

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