Topcat

Our local Council wrote to us and I take it most firms back in May telling us we had to use the new forms from april and they wanted 3 copies I just kept using the old system with 1 from just to wind them up and prove a point.

Nearly lossed my nose . 40' up an Ash in a fork, cutting using top of bar, chain hit nail (previous tree house site). Chain mingled with visor, which in them days were plastic coated metal mesh. Two days in hospital and a skin graft, doctors would not let me see wound before op but said it looked like a lion had took a swing at me with it's claws. They made a good job and you can hardly see scar.Thankfully. It really brings home just how dangerous this work is and makes you respect the saws. Out of interest I went on to spend a few years teaching with FASTCO and NPTC. I used to hear of more injuries involving legs and arms getting crushed with ropes and timber during take downs. One guy was subbing 4 yrs back,rope trapped his leg, 600 stiches.The co never reported the accident and had no Emp/Liability ins. HSE was not interested, it would have been a black mark for them as it had already happened, they are there to prevent...lol

We don't charge for quotes, but you should all remember you are giving advice, before you know it your written quote can easily become a report. You have to be very careful how you word quotes.IE crown lift to give more light is safe. crown lift to remove hazard from house roof..2 months later a high branch falls onto roof, you could be in the smelly stuff.

went to a regular customer (hedges).Did the job and got me new blower out..yipee all the bits under the hedge etc. Cow from next door goes ape. Turns out the customers husband had recently been cremated and guess where his ashes were. Well they were now under the hedge on the hedge,in the pond, bit on the neighbours car. OH sugar..the customer comes home thinks it's hilarious..John loved to be in the garden now he's in it, on it all over it.

Done trees and fencing for Tommy Canon and Bobby ball bought the logs, (160 mile round trip but paid well), Very handy for free tickets when taking the kids to panto's. Sold chipper to Balmoral but phil and liz were out so did'nt get a cuppa. Worked for a cloths designer,was well minted. Whilst having our break we got chatting and I asked what he did for a living. He reply's I'm in the rag trade. The groundy fires straight back with " Gee's I never knew there was so much money in Tampax. Everybody just cracked up and we got a £18,000 drive job off the guy.

Have a great and cheap health plan. was seen by the consultant on tues had keyhole surgery 2 days later. following week flew to florida. Best thing that I did, knee had been playing up for years. If I had paid it would have only been about £2k. not that much when you think what 3 months waiting on the NHS would cost you in lost earnings

Global warming is WOMAN made. There knicking all the peebles of the beeches and sticking them in little piles all over the house for men to trip over. Then they stick candles every where. Result millions of candles buring and heating the climate, melting the artic, more water and no fecking beech defense to stop local flooding..lol

If you spot a BT or NTL van, ask the guy to give you a few of the heat sealing connector kits.A tenner usually helps. Slip on the plastic cover,join wires,heat plastic with lighter...Proper job...and just deny all knowledge when someone rings your customer but the guy 4 doors down gets the call.....red to red ..blue to blue...etc..lol

All parties need to work on trust. If the developer accepts the condition he should be expected to abide by it. The consultant should make it clear that his advice is to help the developer conform with the condition,not get round it. He should be prepared to blow the whistle on the developer. There would not be "high and mighty TO's" nor consultants, because there would be trust...hopefully PS. be good to post a copy of blue book

BIG A..Thats how it should be in the ideal world. If the guy had phoned the TO he would have found out the the developer and planning dept were at logger heads. The Planners were just waiting for any excuse and jumped at the first chance, He just got caught up and it was a very poor case that I tried to walk away from. I also know of a case were a TO removed documents from the LPA TPO file to cover his back. Luckily I had a tip off from a planning officer and copied the whole file first and saved a contractor £000's in fines. At the end of the day....Trust no one and if you pay them and their wrong, sue them. I'm sure most are in this job because they have a love and respect for trees, but when it comes to someones job and family on the line, things can and do get dirty.

You are entitled to your interpretation of the legislation. Presenting that interpretation as fact is misleading and risky for others to follow. Tony I quiet agree..what we have discussed is my interpretation and opinion only, based on 30 years in the industry. I would suggest that anyone with problems relating to TPO legislation take legal advice if they are unsure.

. Not as simple has it seems. It was a development site with conditions applied. The builder stitched up a contractor. I knew the guy involved but this did not come to light until after I had given my statements. The questions I were asked only had one answer (without lying) and probably anyone could have given the answers. Unfortunately the contractor left his self wide open and I was under contract to the LPA and had no choice.

I take it from the above that you are a TO. Thats exactly the attitude most contractors are faced with on a daily basis. Say yes sir mr TO and he takes 1 step forward, say no your wrong and they take two back then threaten court action. the trouble is the TO has the protection of the LPA behind him, while little Arb man has no one. The legislation is quiet clear when you put it to the test. By the way I consult for several LPA's on TPO/planning legislation and act has expert witnes. Without getting into a slanging match I would state that your opinion is just that,your opinion and unfortunately there are a lot of TO's that share your views'. Here's one for you.Some years ago an LPA prosecuted a contractor for removing dead wood from a TPO tree,the work was exempt. I was expert for the LPA and they won the case hands down...

It should be no concern to the tree contractor. I would have no problem in this case. The developer would be in breach of any condition. If it comes down to protecting trees during construction LPA's should use planning conditions or tpo's or both. It is the sec of states view that LPa's should not use conditions when TPO's are available for that purpose. So basically LPA's trust developers and don't use TPO's. Trees get damaged and removed,plant some standards. Some conditions are so stupid that they are unenforcable because it was not reasonable in the first place. IE...you can't put scaffolding there etc. In most cases the LPA make it up as they go along. In these cases the LPA don't have a leg to stand on and it's usually because they played into the hands of the developers and were led down the garden path with false promises at the start. They later realise they should have used TPO's in the first place. But I suppose thats why developers pay big bucks to arb consultants who know the system. The only way forward is for TO's to come down off their box and start to work with the arb co's. Make it a condition that developers have arb co's that monitor sites and the arb co's should push/ shop their client if they don't tow the line. That way we all gain the respect the industry so badly needs.

The tree owner will always be liable and so are you forgiving advice. NO TO has the power to tell you,that you can not fell any tree you think is dangerous even if it has a TPO. The law as it stands allows you to deal with the tree. You should stand your ground and tell them that you intend to fell on xxx date. The only way the council can stop you is to persuade a judge that the tree is safe and get a court injunction. At that point you can ask the judge to pass any liability on to the council. The council has no argument in defence because they have just gained an injunction based on their statement that the tree is safe. The judge would have no option than to grant you your order. So you can pass liability to the LPA, thats why the council will always back out at the last minute. You have done your job and protected the client who is paying you and your reputation is intact. I was asked to take this route by a TO in a case because it was the only way he could back down without pissing of the councillors who in turn were getting ear ache from local tree huggers.

Most pvt customers tend to think of their local tree man by name..whats that chap called that did our trees last time?.They don't have a clue about arb.I went for something that includes my name and what I do,hence Castle Tree surgeons. But if I was a plumber would it be Castle toilet doctors..lol Hehe Have a cpl of customers with great names..Mr Fuker and Mrs Horsefield her address....The paddock

Last 4 days in blizzard/rain and a crap muddy site. working for Bloke just got divorced, wife in house with her lesby friend,(no I never saw any bedroom action whilst climbing..but I did look just in case..lol). Wife has to be out of house in June and really miffed that ex hubby is spending 2 grand on felling and another 6 on landscaping. (can find the money when he wants type). Never made us a drink at all, then asked us if she could have a few logs.... of course we cut them, split and even stacked them..Like fcuk..

Nice job Ed, Kir..ching We just had a chap take 40 ton of clean stem poplar off us at £27 ton collected,did not think anyone paid for it now so a nice bonus and saved us a cpl of days graft shifting it off site.

Any TPO should have been served when the LPA recieved the planning application.There could well be a planning condition,but that should not concern you and any order you get to remove the trees. Just be careful that it's not a conservation area. If there is no TPO in place the LPA would find it very difficult to justify one now given the damage. I would have felled the trees, taken pictures and argued and still would if they placed an emergency TPO. The LPA had every chance to protect the trees pre development and have no case for placing one after. Everyone as the right to see the LPA TPO register. Check it yourself.Never trust anyone.Most LPA officers have their own version of TPO law and often give unbelievable advice. Get a copy of the blue book and know it like your best friend. If you ever have a problem, Steve Clarke is the man to talk to, His No's in the back of the book.

If you think a tree is dangerous,make it safe.Often felling it is the quickest and safest way. Don't wait for the council if TPO. They will never be held liable if anything goes wrong(especially when they want 5 days notice) if it's dangerous in 5 days,it's dangerous now and exempt. You will be the one with egg on your face if something happened in the 5 days and your insurance is not worth a toss. It was no accident because you decided to wait and made the decision

If you are on the books,you work for your employer and the law regards that relationship as master and servant. You work under his/her direct order. Therefore the employer is always liable together with the owner. If you are a subby then it is you who are liable. To be self employed in law,you must have the right to accept/decline jobs,decide how and when you wish to work and supply tools to carry out the work.

I run a Mog. Just got my dec copy of Foresty and timber news. Article in about "the exempted Vehicles (amendment of schedule 1to the Oil duties act 1979) order 2007 on 01/04/07." You can't use red if you carry any load that is not required for the propulsion or operation of any machine. Anybody else seen it and care to comment on their take.

The blokes feeding it. Just can't get the staff.

forget 3, it was my sense of humour,,,der. A tank top jumper as worn by train spotters. thought it would do a climbers street cred some good,lol

Need some help with a prize.Had a cpl of ideas. Free night out on the beer with an Indian thrown in (meal not a girl) at the next AA or APF shows.we could forget the indian and go to the nearest spearmint rhino come to think of it..lol or 5 gall chain oil + 1 gal 2 stroke + 2 x 12" chains and 2 boxes files. any ideas welcome. cheers