Adam M
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Everything posted by Adam M
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D: get my wife to do it.
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1/3/08 21 RNGWUD RD PUK2BBOSHT HTH KTHNXBI NEPROBS INBOXMEBABE XXX
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It was a visualising desks and spinny chairs flying out of windows jobby. Didn't use a valuation system. Just used descriptives. Excessive because, apparently, the magistrates started at the wrong part of the scale. Excessive because it would have been tough on the family (2 or 3 audis and side/rear extension on the go family).
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I had one where they applied to fell a two out of three pines, i refused, no appeal, few months later 'they had them deadwooded' by someone who knocked on their door that morning (end of cul-de-sac, noone else got knocked). Resident 'popped out' agreed giving them cash and came back to crowns of the two refused treed sat in their garden and the third having had a saw run round it haphazardly. £4k fine (2 x £1500 destructions and 1 x £1000 wilful fromage, full costs). Job done. Suddenly its in Crown Court having 'manifestly excessive' fines reduced to 1 x £750 which we had to pay a barrister round about that to rep us at. Waste of time. Serious face lost.
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If it was within the redline, I would often try to get a woodland mgt plan regardless. Is it suitable mitigation by itself? I wouldn't know without seeing the site/survey/proposal.
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Firstly, you must have suffered a loss of £500 or more within a year of a refusal. Secondly, it must have been foreseeable that the damage was going to occur. If the tree does not show any outward signs of structural weakness and you have not provided any expert evidence to the contrary, you're not going to get anywhere. 'if the tree were to fall' is not expert evidence; its speculating on a worst case scenario. As others have said, get an arb consultant to provide you with a safety report.
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Done at least an hour looking up FOI's relating to TPO's just now. The red wine made it quite enthralling. Just bladdy send them when people ask for them if you haven't got them online.
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We have ours available to download online. But, it's not quite perfect; sometimes it's the confirmed tpo uploaded, other times a single page confirming the confirmation. Sometimes it's not uploaded at all. On the whole, it's not that bad and is mostly useful. Why charge for stuff which would otherwise be freely available? If its a ballache to fish all the tpo out, that's an admin issue not a cost to be transferred to the public.
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The £17 difference is clearly a restapelling surcharge, justified by the training required for the safe use of the destapelequipinghosen ticket. Either that or they keep different parts of the tpo in different locations, likely in the interest of preserving public amenity or something.
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The incentive is being seen to be doing the right thing, but it's risky business, particularly when you're funding out of public funds. It's a crap situation when the defendent pleads poverty and pays less than half of the costs when you look at their website and see them running brand new tractors with full forestry kit and all the trimmings e.g the contractor in the initial post.
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To be absolutely clear, the LPA will not gain financially from a successful prosecution. At best, they will get all of their costs back however when the defendent pleads poverty, they might only get some or even none of it. Victim surcharge goes elsewhere. Fine goes elsewhere.
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How specifically can you reasonably determine tree age?
Adam M replied to Willow Warbler's topic in General chat
Email the LPA and tell them to pull their socks up.- 11 replies
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- 1
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- tree age
- increment borer
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TPO reference number is 'if known' (and surely actual individual tree refs) on the application form. It sounds like they're making work for everyone concerned. What a ballache!
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http://www.majestictrees.co.uk/stocklist/current-stocklist.html Not dealt with these but had their catalogue recently and they have big trees on the shelf (or wherever they keep such things!).
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Where are you based?
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We prosecuted that firm in 2016. Similar circumstances, similar fines, similar disappointment.
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Thanks David. I've often wondered what the upper limits for pruning out girdled roots would be.
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Hi David, What makes the girdler to large to tackle? Is it that the resulting wound would so large as to become colonised, that it would have implications for stability or impaired water/nutrient/air access? Could you pop off the one you've balanced your mallet on? Ta, Adam
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What’s the silliest tpo you have come across?
Adam M replied to Steve Bullman's topic in Trees and the Law
It should be similar throughout all LPA's but "public amenity" is defined differently, or not at all by most. Anyone can request a TPO be made. It's up to the LPA whether they serve one though. As Mark Bolam said though, crap trees only serve to devalue TPO's to the public. They lead to awkward situations where there are unauthorised works; have fun rocking up with a black notepad and truncheon when someone's had enough of their rear garden goat willow! -
What’s the silliest tpo you have come across?
Adam M replied to Steve Bullman's topic in Trees and the Law
Ask your TO whether they consider laurel part of the woodland. -
What’s the silliest tpo you have come across?
Adam M replied to Steve Bullman's topic in Trees and the Law
Topped birches are a work of art! I've got some classics down my way, absolutely mangled, which always bring a smile to my face. I've got quite a few goat willow, some bangin' Lawson's that must have only just been planted when the tpo served (line of trees back in the day!) and a massive pile of bay in a back garden. All specified as individual trees following area reviews. -
Sorry to ressurect a thread from the past! I've found a beech with invasive static cable bracing fitted above a bark inclusion that the owner doesn't recall. This means it is at least 20 years old. It's still under tension and I can't seen any visible corrosion from the ground. As above, no intention of removing it but recommending a climbed inspection. If it's still looking alright, could it be left or should we be looking at installing a new system above it? Is there any decent guidance on this to refer to? Many thanks.
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via Imgflip Meme Generator
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Briefly, the TPO in the opening post was made pre-2012 therefore under different Regs to those which apply now. Pre-2012, TPO's could be confirmed after the 6 months although wouldn't be protected in that limbo period, post-2012, if it's not confirmed within 6 months, it needs remaking from scratch.
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And outside of the 6 weeks period in which to challenge at High Court.
