fagus
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Interesting read, far reaching this climate change.
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Cavanagh V Witley Parish Council - A case of rough justice?
fagus replied to Acer ventura's topic in Trees and the Law
A long but interesting read, thanks contributors. -
I think Reindeer moss.
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The tree in Dent after the work was carried out. A second person has been convicted after a healthy tree was damaged in the Yorkshire Dales National Park. Dent tree surgeon Ian Middleton was fined £700 at York Crown Court and was ordered to pay £1,300 costs to the national park authority, which brought the prosecution. Middleton carried out work severely cutting back the 200-year-old sycamore at High Laning caravan and campsite at the village in Cumbria. A member of the public complained about the work, prompting enforcement action by the authority. Middleton had entered a not guilty plea at York Magistrates’ Court on 14 January, when his co-accused, Margaret Taylor of High Laning admitted breaching section 211 of the Town and Country Planning Act and was fined £2,000 plus costs. However, he pleaded guilty at the crown court last week. A national park authority spokesperson said: “The crown court judge made clear that Ian Middleton was misled by Margaret Taylor into thinking that the work on the tree was permissible. “However, the judge also pointed out that Dent was a well known conservation area and that Mr Middleton should have known that checks were needed before carrying out any work.”
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Long thread, not sure if this has been said but with tree work over fences, old greenhouses, garages, garden pools even houses it is a good idea to have dated photograph of the `before work commenced` situation to stop later arguments about the condition of these items. It is helpful if you are passing on a claim to your insurers.
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Very interesting post. I read Julias report on pond management which had great information. I recently read Wilding by Isabella Tree ( yes really) which is about the return of wildlife to an English farm. You think you know a bit and then are told that earthworm mucus encourages the growth of bacteria and fifty or so bacteria are found in the earthworms gut. I have long known the value of the earth worm certainly not those details.
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+1 for Purple Myrobalan.
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Dead-wooding protected trees - Are we all doing it wrong?
fagus replied to Gary Prentice's topic in Trees and the Law
Agree with Khriss, dead wood is valuable and part of the food cycle. -
Google tree preservation order (TPO) for basic information. You, or the previous property owner, will have been notified of a the placing of TPO on any tree. Essential to make sure of a trees protection status before undertaking authorising any work to a tree. Your Local council will also have records or TPO's in its area; and likely have Tree Officer or Planning officer who could assist you.
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His record so far is probably enough to get rid; but you will need to have evidence that you cautioned him about his poor performance. If you consider not have serious talk with him which you document and a give him a copy explaining to him it is a warning which could result in the end of his employment. One of that could be gets himself to work. Discuss what he needs to do to improve to your satisfaction; setting out the outcome if improvement is not made and set a time limit (two weeks ?) for these improvements to take place. Let him know if improvement is satisfactory. It is lax to let poor conduct go unchallenged - he can turn round and say I have done this for months and a you never said anything i,e. you have condoned it- which weakens your actions.
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It is prudent for an Local authority to have a TPO tree evaluation form of qualifying criteria, there are some on the web. In case of objection, and if asked by a Council Member, it is essential to be able say why a tree was considered worthy of a TPO. The answer it is a nice tree has surely long gone.
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What Swinny says. Judiciary says to Complainant, Have you any evidence that wildlife was disturbed by the action taken. Complainant, Err no, but I have seen birds in the vicinity. Judiciary- so you have no evidence to back up your claim. Complainant Err no. Judiciary- Claim dismissed Good to document what you did with site photographs i.e. Before undertaking the work a wildlife survey, including an aerial inspection, was undertaken and no evidence was seen that any wildlife would be disturbed. As work progressed care and observations were taken to ensure evidence of wildlife had not been missed. Bats can be tricky as any cavity or bark fissure can be used as roosts and large cavities could need mirrors even a bat expert to decide.
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It is poverty of vocabulary, worse said - even worse written down. Though I am guilty of saying it at times.
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Tricky customer Quibbling price after emergency job, what would you do?
fagus replied to Agent-Arb's topic in General chat
Can you justify/explain £450, in terms of hours worked, equipment rates and use; I reckon you will be asked about it if you go to Court. Photo evidence showing extent of the work would be good. If you can show price build up go for it. You will get peace of mind and a decision if nothing else rather than a bitter story for the rest of you days.