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Deano 73

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Everything posted by Deano 73

  1. Wow what a response, certainly caused a stir - not really intended, but i think we might have to agree to disagree on this one in terms of what is considered an actionable nuisance. Obviously if someone goes to court and pleads to case then a court could make a ruling, possibly in injunction, but that is a slow and probably very expensive process. Some things that I can certainly agree is that in theory you might be able to demonstrate that light has caused so much harm to you or your property to get it claimed as a nuisance that you could then action (please note i did say harm or damage and that it can always be possible to go to the ends of the world to demonstrate harm if it is not physical damage). I would be impressed to see that case when it does come to court, but it is certainly not impossible. The 2 cases you quote, the first relates to Japanese Knotweed encroaching on to a neighbouring property from Network Rail land. The issue about not causing harm, is a bit interesting given that Network Rail had allowed an awful lot of it to trespass, which in itself is an offence, but also it threatens property in both resale (which i think this was - without reading the judgement again?) and reasonable enjoyment as it grows rather aggressively underground and through surfacing. I bet the landowner got really frustrated with the lack of action by Network Rail and the ruling appears to be a good one with sound logic? I do believe that the second case refers to light loss caused by a new building (please accept my apologies if not) and to my knowledge has never been upheld in respect of trees blocking light to buildings? My recollection of that case is also that the appellant had to demonstrate an awful lots of years of enjoyment of light to a particular aspect of his building. I certainly would never advise anyone to use the actionable nuisance exemption to prune overhanging branches of a protected tree (TPO or Conservation Area) in terms of light loss, and would be concerned if any Arb professional did as it would be difficult to defend when a prosecution beckoned. But i suppose everyone has to give advice they feel is appropriate. Having quite a few years of LA experience including a fair number of prosecutions & TPO appeals i would suggest that there hasn't been anything to lead me to believe that actionable nuisance in terms of light loss would apply to protected trees - that can obviously change. Anyway lets see what happens to tree in question, and lets keep it nice going forward as these forums are really useful and it did make me read Mynors and look at the cases quoted again - every day we should all try and learn something.
  2. Whilst it is a difficult situation your best bet is the local Tree Officer. It is an offence to cut live branches from a Protected Tree (or even one in a Conservation Area) without first obtaining formal written consent (or notification in CA). There are exemptions but light is not one and can never be considered an actionable nuisance in the UK. Has to be causing harm / damage to something to be that (such as contact with a building or roots damaging a structure or surfacing) - sorry daltontrees! I would also advise your mother in law might want to take pictures now before it is too late, and if someone comes to prune the tree get their vehicle registration. Situations like this can get really messy and some people can be so intolerant about trees and light. If the tree is protected they will have to abide by the law.
  3. Look at the edible stage too. They look like Chicken of the Woods, and slow brown rot fungus, which with Robinia will probably take quite a while to decay to any significant amount to be of safety concern - but maybe tap will an inspection hammer in the vicinity.
  4. Soil level increases on Beech can be problematic (essentially asphyxiates the roots) , and maybe the excess seed production is down to that, but also be aware that Beech have mast years where they produces lots and lots of viable seeds, whereas other years they still produce the 'seeds' but when you actually open the seeds there is nothing inside. Good advice by monkey business about trying to restore the original soil levels, starting closest to the trunk and working away. Markings on the trunk are lichen, very much typical, nothing to be worried about. Beech trees are one the most sensitive trees to change (they dont like heavy pruning of the crown either) and with succumb to pathogens if treated poorly. Good that you are noticing changes now and you can try and address it - good luck

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