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Old 27-05-2007, 06:27 PM posted to uk.rec.gardening
Broadback Broadback is offline
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First recorded activity by GardenBanter: Jul 2006
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Default Destructive tree-cutters & electricity wires.

Eddy Bentley wrote:
Maybe there's something that somebody will say that could be of help in
the following situation.

Just a metre beyond the boundary of my garden is pole with an electrical
transformer on it, i.e. a large grey box up near the top. From this
pole wires goes off in three directions. There are the three wires that
bring the current to the box, three wires that then cross my garden to
to provide electricity to my neighbour, and one thick cable that brings
the power to the side of my house. So, a lot of ugly wires all meet in
the vicinity of this ugly pole. Previous owners of this property have
sought to minimise the ugliness by planting leylandii along the boundary
so that the pole is less visible from the house and garden. But every
year, without fail, we get out the ladders and clip off new growth so
that there are no branches within one metre of the pole or within one
metre of any of the wires and the cable.

Onto the scene some weeks ago comes a bull-necked gung-ho chappie from
the tree-cutting company engaged by the power company which supplies
this area. He announces that he is legally entitled to cut away any
growth within two metres of any pole, wire, or cable and also legally
entitled to reduce the height of any nearby tree which he believes if it
were to fall could damage the pole, wires, or cable.

I have pleaded with him that if he cuts away an additional metre from
the height of the trees or if he cuts down a tall nearby pine-tree the
attractiveness of our garden will be very greatly reduced.

He cites the case of some child in Scotland who climbed a tree, touched
wires on a transformer pole, and died. The power company was sued, he
says. Therefore, he is now charged by the power company with the duty
of ensuring there is no growth within two metres of any pole, wire, or
cable. All around this area now I see his trail of destruction. In the
middle of a field, two thick trunks come to a slashed halt about 6 feet
above the ground, freshly sawn on the horizontal, because high above
them a cable passes. A tall thick hedge which was intersected by a
cable at 90 degrees, now has a ghastly great U-shape cut out of it.
It's all so unnecessary. Yes, it will probably mean that the power
company will never be sued again. Yes, it will mean that few branches
or trees will ever fall on a wire or cable again and the company will
not be called out to repair the damage.

I have promised to continue with my annual trimming but suggested that
if the tree-cutter MUST do the job himself then surely he could just
honour the level of the previous cut. No, he says, economically it
makes greater sense for his company to do a "five-yearly cut", i.e. to
trim so much away that they won't have to visit any one site again for
another five years! They've decided to do away with going round the
same sites every year.

Have I got no legal rights in this situation?

They ask "permission" to cut, but the tree-cutter has warned that if I
do not agree then he has the ability to inform the power company and the
power company has the right to turn off the electricity supply!

Eddy.

I THINK that I shall never see
A poem lovely as a tree.
A tree whose hungry mouth is prest
Against the sweet earth's flowing breast;
A tree that looks at God all day, 5
And lifts her leafy arms to pray;
A tree that may in summer wear
A nest of robins in her hair;
Upon whose bosom snow has lain;
Who intimately lives with rain. 10
Poems are made by fools like me,
But only God can make a tree.

- Joyce Kilmer 1886 ?1918

They came to my property and said they had to completely remove a number
of trees. My response was what if I refuse? The answer was we will go
to court and get permission anyway. Now it so happened that it suited me
to have the trees removed, if not I would just have refused and let him
go to court. Perhaps you should do the same, then maybe you will get
your way. Anyway if wires are crossing your property is there a way
leave on your deeds to say they can?
Perhaps not germane, but at the moment I am claiming compensation
because high voltage wires cross my property. I will definitely get some
compensation, however how much remains to be seen.