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Top Cat 28-09-2002 01:25 PM

Removing Council Owned Trees?
 
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.



Sylvester 28-09-2002 02:01 PM

Removing Council Owned Trees?
 
Xref: 127.0.0.1 alt.uk.law:35724 free.uk.diy.home:18000 uk.rec.gardening:160500


"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


I don't know about getting rid of the whole tree whether or not they re
plant it somewhere else...
I think from the earlier threads about this type of situation if it was your
neigbhour's tree and it overhanged on your property you would be allowed to
ask him "to cut" what is on or over your property and if he refused I think
I recall you would be allowed to cut it yourself (after making sure you have
asked in writign and recorded delivery or somehting similar so you have a
record of asking for it...)

Maybe do a search on deja.com for "tree over property" it comes up with a
few...


Vester
I am not a lawyer and I may be wrong



Mike 28-09-2002 02:16 PM

Removing Council Owned Trees?
 
In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

Mike






Sacha 28-09-2002 02:39 PM

Removing Council Owned Trees?
 
On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/

Top Cat 28-09-2002 02:47 PM

Removing Council Owned Trees?
 
I think it's stretching it a bit to call a Silver Birch a beautiful
tree......................

"Sacha" wrote in message
...
On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's

on a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/




David J Clarke 28-09-2002 02:52 PM

Removing Council Owned Trees?
 
|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches and return
| the Prunings to them, ie dump them in the road. Give them 7 days to do
| it and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.
|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


Before going 'head to head' with the council in this way, wouldnt it make sense to simply phone or email them with a simple
complaint that the tree is causing a nuisance? I suggest this because

1) The council is there for all of us, and they police the environment regardless of whose property it is

2) I think its a more reasonable approach to begin with

3) They are very difficult to beat legally, having infinitely more resources than you do.

It is quite possible they dont yet know that their 'property' is causing you a problem, at least give them the benefit of sorting it
without all the treats of litigation.



David J Clarke 28-09-2002 03:08 PM

Removing Council Owned Trees?
 
|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control

The onus will be on you to prove the council are in the wrong.




and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches

Dont be so sure. I think its called 'Topping and lopping' and requires permission from (surprise) the local authority to do it
(since the great storm, any broadleaf tree must be respected and nurtured. I think it has more rights than a refugee).


and return
| the Prunings to them, ie dump them in the road.

That will probably result in being done by the council as well.

Give them 7 days to do| it

Their work is planned/contracted out, 7 days is probably insufficient for this.


and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.


Thin ice, all the way here I think.


|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


....and be embarrased when they ask for evidence of following the protocols for complaints.


I think your logic is great, but flawed throughout. Sorry.








Mike 28-09-2002 03:17 PM

Removing Council Owned Trees?
 
In article , Sacha
writes

IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--


Quite agree, 'never' take advice from Barrack Room Lawyers. Quite often,
in fact more often than not, they have only 'read the book' and do not
have the experience of confronting Councils and other Officialdom.

Always seek the advice of someone with first hand knowledge and if
possible, who knows someone in the organisation they are battling with.

I would be pleased to advise anyone on how to write a letter to their
Council so it is read, observed and they 'have' to do something about
it.

(Advising at present for some neighbours who were flooded a couple of
weeks ago. So far we have had the Water Board and the Council jump to
attention:-))

Mike

--------------------------------------------------------------------------------
When the gates are all down and the signals are flashing
The whistle is screaming in vain,
If you stay on the tracks ignoring the facts
You can't blame the wreck on the train.




Mike 28-09-2002 03:23 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes
|
| Word your letter to the Council very carefully about you 'charging them'
| to have your car cleaned every week/fortnight if they do not keep their
| tree under control

The onus will be on you to prove the council are in the wrong.

Any letter written to the Council MUST be replied to in a set time so
they must respond to your complaint. 'That' opens a file on the case.


and from overhanging your land. Remind them that you
| are quite within the law to prune any overhanging branches

Dont be so sure. I think its called 'Topping and lopping' and requires
permission from (surprise) the local authority to do it
(since the great storm, any broadleaf tree must be respected and nurtured. I
think it has more rights than a refugee).


See above

and return
| the Prunings to them, ie dump them in the road.

That will probably result in being done by the council as well.

Give them 7 days to do| it

Their work is planned/contracted out, 7 days is probably insufficient for this.

The reply should come that they are talking to their contractors, or,
depending on the Council, they may send someone round to see within 48
hours.

and add that you will accept no responsibility if the tree dies or is
| effected in any way by your lawful action if you do have to do it
| yourself. Have the letter delivered by recorded delivery.


Thin ice, all the way here I think.


'You think' :-))


|
| Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux


...and be embarrased when they ask for evidence of following the protocols for
complaints.


Copy the letter.

I think your logic is great, but flawed throughout. Sorry.

It has worked for me in the past, I can only suppose you have not had
the experience at chasing Councils and large organisations.

Mike

--------------------------------------------------------------------------------
When the gates are all down and the signals are flashing
The whistle is screaming in vain,
If you stay on the tracks ignoring the facts
You can't blame the wreck on the train.




David J Clarke 28-09-2002 03:38 PM

Removing Council Owned Trees?
 
|
| Any letter written to the Council MUST be replied to in a set time so
| they must respond to your complaint. 'That' opens a file on the case.
|


Fine, why not do it without the 'attitude' that you would normally keep in reserve using the normal channels?



|
| The reply should come that they are talking to their contractors, or,
| depending on the Council, they may send someone round to see within 48
| hours.
|
| and add that you will accept no responsibility if the tree dies or is
| | effected in any way by your lawful action if you do have to do it
| | yourself. Have the letter delivered by recorded delivery.
|
|
| Thin ice, all the way here I think.
|
| 'You think' :-))

Yes, sometimes. Coucil folk consist of relativelt normal people trying to do their job within there own ridiculous constraints of
the council (I say ridiculous, but they will have good reason for it, I'm sure)





|
|
| |
| | Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux
|
|
| ...and be embarrased when they ask for evidence of following the protocols for
| complaints.
|
|
| Copy the letter.

Yes, ok, copy the letter - but to what aim? These people wont help you unless you try to help yourself, and you wont do that by
starting off from a beligerant standpoint.

| I think your logic is great, but flawed throughout. Sorry.
|
| It has worked for me in the past, I can only suppose you have not had
| the experience at chasing Councils and large organisations.


I have, and I found that councils are accountable. Banks, Insurance companies and BT do not appear to be, and
your suggested approach is a good starting point - faceless instituitons need a good wallop, frequently.

|
| --------------------------------------------------------------------------------
| When the gates are all down and the signals are flashing
| The whistle is screaming in vain,
| If you stay on the tracks ignoring the facts
| You can't blame the wreck on the train.


I hear what you're saying, but we're talking about an overgrown tree here....



Janet Baraclough 28-09-2002 03:44 PM

Removing Council Owned Trees?
 
The message vjhl9.751$Op4.96001@newsfep2-gui
from "Top Cat" contains these words:

I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?


Are you sure what's dripping on your car? Birch trees can leak sap
from wounds; but ime it doesn't rain down; the sap almost always runs
down branches then down the trunk,and only for a short time until the
wounded part either callouses over, or dies. If something sticky is
dripping onto a large area under the tree, it probably isn't sap, but
honeydew from aphids feeding on the leaves. In that case it would only
be a seasonal summer thing, so the council might successfully claim that
it isn't responsible for normal insect activity, and you, not they, are
responsible for protecting your car paintwork from it.If it is sap from
a tree wound, then you might have more luck persuading the council to
act, on the grounds that damaged branches are a potential safety
hazard.Why not ask your car or household insurer if your policy includes
free legal advice?

ISTR from previous threads, the legislation which entitles people to
prune their neighbours' overhanging branches applies only to common
boundaries between domestic gardens; not to public areas. Also, the
tree may be subject to a tree protection order, so don't risk a large
fine by doing anything to it off your own bat.

Janet.



mo 28-09-2002 03:47 PM

Removing Council Owned Trees?
 
why not just cut chunks out of the tree and hope no one notices?

i mean the council probably owns thousands of trees around your city :)


"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.





David J Clarke 28-09-2002 03:52 PM

Removing Council Owned Trees?
 

"mo" wrote in message ...
| why not just cut chunks out of the tree and hope no one notices?
|
| i mean the council probably owns thousands of trees around your city :)


Because someone will see you, and they will grass you up. Interfering do-gooding neighbours really **** me off.

My council own 28,000 trees apparently. Just thought I'd mention it.




Mike 28-09-2002 04:06 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes

Yes, sometimes. Coucil folk consist of relativelt normal people trying to do
their job within there own ridiculous constraints of
the council (I say ridiculous, but they will have good reason for it, I'm sure)


Would I be correct in saying that you don't know the difference between
a 'Councillor' and a 'Council Employee'?

By your reply it would seem not.



hugh 28-09-2002 04:08 PM

Removing Council Owned Trees?
 
In article , Sacha
writes
On Sat, 28 Sep 2002 14:16:19 +0100, Mike
wrote:

In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge, overhangs my property, and the sap makes a hell of the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do you
think as if I asked the council they would be obliged to remove it and plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

And then following this 'advice' stand by to be sued by anyone who
trips over the trimmings you've dumped in the road or on the pavement,
who scratches their car on them, or who objects to you damaging that
beautiful tree which they own just as much as you do, being rate
payers etc. etc. ;-(
IOW, talk directly to the Council, don't take the advice of barrack
room lawyers.
--
Sacha
http://www.hillhousenursery.co.uk/

I agree. Having a word with your local councillor also might be useful.
You can always fall back on the legal letters if you get nowhere.
--
hugh

David J Clarke 28-09-2002 04:12 PM

Removing Council Owned Trees?
 

"Mike" wrote in message ...
| In article , David J Clarke
| writes
|
| Yes, sometimes. Coucil folk consist of relativelt normal people trying to do
| their job within there own ridiculous constraints of
| the council (I say ridiculous, but they will have good reason for it, I'm sure)
|
|
| Would I be correct in saying that you don't know the difference between
| a 'Councillor' and a 'Council Employee'?
|
| By your reply it would seem not.
|
|
A councillor is some **** elected for the post, totally irrelevant to this post I think (there I go again),
A council employee and his colleagues will be the folks that get the work done. They, I consider, to be reasonably normal.

ok?



Victoria Clare 28-09-2002 04:22 PM

Removing Council Owned Trees?
 
"Top Cat" wrote in
news:hril9.895$Op4.110994@newsfep2-gui:

"Sacha" wrote in message
...
stand by to be sued by anyone ...
who objects to you
damaging that beautiful tree which they own just as much as you do,
being rate payers etc. etc. ;-(


I think it's stretching it a bit to call a Silver Birch a beautiful
tree......................


I think a silver birch *in the right place* is one of the most beautiful of
trees: a copse of them in spring underplanted with bluebells and primroses
is a glorious thing. Probably my second favorite tree (after beech, and
you don't want one of them right next to your drive either...)

http://www.treesforlife.org.uk/tfl.birch.html and say they aren't
beautiful!

Not to minimise your problem, but I think Sacha is right to point out that
your neighbours may have another view of it.


Mike 28-09-2002 04:26 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes

|
|
A councillor is some **** elected for the post, totally irrelevant to this post
I think (there I go again),
A council employee and his colleagues will be the folks that get the work done.
They, I consider, to be reasonably normal.

ok?


:-)) Yes fine. (Council employees as you say are reasonably normal more
often than not)

However, do you know what Audit Department do and how the two are tied
together? (I feel sure you will know by your suitably apt comment about
Councillors)








Mike 28-09-2002 04:30 PM

Removing Council Owned Trees?
 
In article , hugh
] writes

I agree. Having a word with your local councillor also might be useful.
You can always fall back on the legal letters if you get nowhere.


"MIGHT" !! If you are going down that line you are wasting a couple of
weeks and might just as well do as I say. Or go on a cruise after you
have written to him/her :-(((((

Audit Department kicks in a whole lot sooner :-))
The secret is "WRITE".

No telephone calls.
No visits.

"WRITE"

:-))







Mike 28-09-2002 04:33 PM

Removing Council Owned Trees?
 
In article , Victoria
Clare writes

don't want one of them right next to your drive either...)

The whole point of the thread :-))

Not to minimise your problem, but I think Sacha is right to point out that
your neighbours may have another view of it.

well let them come and clean the car :-))


--------------------------------------------------------------------------------
When the gates are all down and the signals are flashing
The whistle is screaming in vain,
If you stay on the tracks ignoring the facts
You can't blame the wreck on the train.




David J Clarke 28-09-2002 04:34 PM

Removing Council Owned Trees?
 
| |
| A councillor is some **** elected for the post, totally irrelevant to this post
| I think (there I go again),
| A council employee and his colleagues will be the folks that get the work done.
| They, I consider, to be reasonably normal.
|
| ok?
|
|
| :-)) Yes fine. (Council employees as you say are reasonably normal more
| often than not)
|
| However, do you know what Audit Department do and how the two are tied
| together? (I feel sure you will know by your suitably apt comment about
| Councillors)

No. You have now lost me on this one. Please enlighten me.





norman 28-09-2002 04:37 PM

Removing Council Owned Trees?
 

Mike wrote in message ...
In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

Mike



My area has many council-owned trees and I act on behalf of my residents
association. Any problems with trees and I phone the council parks dept guy
responsible for our area. He meets me on site, usually within a couple of
days. We have a chat, agree a solution to the problem, and agree a schedule
according to the urgency of the problem. You might want to try that approach
instead. There are no extra costs associated with using a pleasant personal
approach; in fact it's cheaper, quicker and frequently more productive ;-)

N.



Mike 28-09-2002 04:58 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes
|
| However, do you know what Audit Department do and how the two are tied
| together? (I feel sure you will know by your suitably apt comment about
| Councillors)

No. You have now lost me on this one. Please enlighten me.

Your Local Council must deliver the best service for you.

Fine if they were allowed to get on with it, but Councillors set the
guide lines, set the rules, dictate what has or what has not got to be
done. 'THEY' crack the whip, might not have any idea what the hell they
are talking about, but will go on a jolly at Rate Payer's (or what ever
it is called this week) and dream up all sorts of unworkable ideas. Mini
Roundabouts. Pedestrianisation. 'Green' Topics such as re-cycling ideas
etc etc etc etc and so on and so on :-((

All in the interest of the Council Tax Payers (or what ever they are
called this week) and 'supposed' to be for the benefit of said people.

OK?

Audit are supposed to monitor who does what and that it is cost
effective. For example. If one of their employees is sitting on a
computer all day surfing the net and replying to the various newsgroups
which are irrelevant and have no connection to the Council Business,
then he is not cost effective to the Council and is not required.

Therefore, if you write to the Council with a complaint, such as our
poster with the complaint about a Council tree, then as soon as the
letter hits the desk of the relevant department, they 'MUST' swing into
action and either action it or at least reply to it within a certain
time.

Let me give you a classic example. When you move or re mortgage your
house for example and your solicitor sends in a search, that MUST, by
Audits guidelines, be turned around and out within 10 days. We are not
talking in 'some' part of the country, we are talking Countrywide. Now
if you are biting your nails and ring your Solicitor up and ask whet the
delay is, he will answer 'Waiting for the search to come back'. The fact
that it is STILL sitting on his desk doesn't matter to him, but
unbeknown to him, all searches are logged in and logged out and Audit
keep an account of it.

I was surfing the web only yesterday and I fell across a sight which
gives the results of the targets set and how the council meets them and
what their score is. Fascinating sight, cannot remember where it was:-((

Getting back to your question, Audit are 'your' eyes on the efficiency
of the Council. I have warned Council Employees that their time/effort
is being monitored, but regret I wasn't believed:-((

Hope that helps :-))

Mike

--------------------------------------------------------------------------------
It's frustrating when you know all the answers, but nobody bothers
to ask you the questions.





IP 28-09-2002 05:02 PM

Removing Council Owned Trees?
 
Hi
Firstly some simple questions.

Has the tree grown to such an extent since you bought the House that it now
overhangs?

Was the drive always there ?

And finally will be happy when as Wiltshire council now seem hell bent on
doing have chopped all the trees in your county down that pose any risk of
them being sued by Sap fallen branches etc .

Ian
"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.





David J Clarke 28-09-2002 05:04 PM

Removing Council Owned Trees?
 
|
An excellent insight to the workings, so thanks for that.

Now lets see how are man gets on with his problem....




David J Clarke 28-09-2002 05:08 PM

Removing Council Owned Trees?
 

| --------------------------------------------------------------------------------
| It's frustrating when you know all the answers, but nobody bothers
| to ask you the questions.
|

I wouldn't know about that. Do you really know ALL the answers?




David J Clarke 28-09-2002 05:12 PM

Removing Council Owned Trees?
 

"IP" wrote in message ...
| Hi
| Firstly some simple questions.
|
| Has the tree grown to such an extent since you bought the House that it now
| overhangs?
|
| Was the drive always there ?
|
| And finally will be happy when as Wiltshire council now seem hell bent on
| doing have chopped all the trees in your county down that pose any risk of
| them being sued by Sap fallen branches etc .
|

Are you one of these 'tree hugging' hippies or do you want to help?



Mike 28-09-2002 06:00 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes

| ------------------------------------------------------------------------------
--
| It's frustrating when you know all the answers, but nobody bothers
| to ask you the questions.
|

I wouldn't know about that. Do you really know ALL the answers?

No!! Far from it!!

:-((


--------------------------------------------------------------------------------
GREAT TRUTHS ABOUT LIFE, THAT LITTLE CHILDREN HAVE LEARNED:
No matter how hard you try, you can't baptise cats.




Gavin Whittaker 28-09-2002 07:11 PM

Removing Council Owned Trees?
 
In alt.uk.law David J Clarke writted:

: "IP" wrote in message ...
: | Hi
: | Firstly some simple questions.
: |
: | Has the tree grown to such an extent since you bought the House that it now
: | overhangs?
: |
: | Was the drive always there ?
: |
: | And finally will be happy when as Wiltshire council now seem hell bent on
: | doing have chopped all the trees in your county down that pose any risk of
: | them being sued by Sap fallen branches etc .
: |

: Are you one of these 'tree hugging' hippies or do you want to help?

Help comes in many forms. Perhaps you should consider that there are
other solutions than having the tree removed. If the tree goes, you get
a cleaner car, but the neighbourhood loses out by losing its green
components. The point being that there are other people involved, and
who have an interest in the tree than you and your car. I, for one,
wouldn't want a neighbour who's happy to lose a tree to keep his car from
looking spotty. Why don't you get a car cover? or get a garage if it
means that much to you.
We lost enough trees from our towns when councils panicked over
subsidence, and then again when cable companies cut through roots to
bring in multi-channel TV. As IP suggests, the last thing we need is
another reason to lose greenery from urban areas.

GW.


Bobby Bewl 28-09-2002 07:33 PM

Removing Council Owned Trees?
 
"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


First, make sure you get the correct branch of the Council when you contact
them. There's no point barking up the wrong tree. You may have to root
around for the person responsible, unless, of course, they have turned over
a new leaf. Let's hope they twig what you are saying.

Bobby



Alan G 28-09-2002 07:53 PM

Removing Council Owned Trees?
 
On Sat, 28 Sep 2002 14:52:12 +0000 (UTC), "David J Clarke"
wrote:


"mo" wrote in message ...
| why not just cut chunks out of the tree and hope no one notices?
|
| i mean the council probably owns thousands of trees around your city :)


Because someone will see you, and they will grass you up. Interfering do-gooding neighbours really **** me off.

My council own 28,000 trees apparently. Just thought I'd mention it.


My council operates 91 cctv cameras.
Nobody oversees their use.
--
Alan G

The rule of law 'excludes the idea of any exemption
of officials or others from the duty of obedience to
the law which governs other citizens or from the
jurisdiction of the ordinary tribunals'
(Dicey)

R. Mark Clayton 28-09-2002 11:39 PM

Removing Council Owned Trees?
 

"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.



Ask the Council to lop it first - this will save you the trouble, but
remember they will be pretty slow to act.

If they refuse or just don't then proceed as described elsewhere in the
thread to cut it back to the boundary, however check first that it does not
have a Tree Preservation Order. If your house is relatively new check for
covenants / planning conditions limiting your right to cut trees for a few
years (e.g. ten).



Joe Lee 29-09-2002 12:06 AM

Removing Council Owned Trees?
 

"Bobby Bewl" wrote in message
...
"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's

on
a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


First, make sure you get the correct branch of the Council when you

contact
them. There's no point barking up the wrong tree. You may have to root
around for the person responsible, unless, of course, they have turned

over
a new leaf. Let's hope they twig what you are saying.

Bobby


If they do nothing ask for a root & branch enquiry & don't beat about the
bush.






Essjay001 29-09-2002 06:57 AM

Removing Council Owned Trees?
 
Hi

What part of wiltshire?

--
Stephen Jay



IP scribbled:

Hi
Firstly some simple questions.

Has the tree grown to such an extent since you bought the House that
it now overhangs?

Was the drive always there ?

And finally will be happy when as Wiltshire council now seem hell
bent on doing have chopped all the trees in your county down that
pose any risk of them being sued by Sap fallen branches etc .

Ian
"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary.
It's on a council owned verge, overhangs my property, and the sap
makes a hell of the mess of my car when parked on the driveway, it's
a bloody nuisance!. Do you think as if I asked the council they
would be obliged to remove it and plant something else more
appropiate?

P.S. I'm a private householder.




drew 29-09-2002 07:48 AM

Removing Council Owned Trees?
 

"Top Cat" wrote in message
news:vjhl9.751$Op4.96001@newsfep2-gui...
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.



Your going have a Treemendous fight on your hand's taking it up with the
Council, however one wood think because it's bordering over your property I
think they might do something for yer. It's not blocking the light in your
Living room by anychance is it because then you will have a case. (O;

Drew.M



Hugo Nebula 29-09-2002 10:29 AM

Removing Council Owned Trees?
 
From the chaotic regions of the Cryptosphere, "Top Cat"
wrote on Sat, 28 Sep 2002 13:25:14 +0100:

I've got a very large Silver Birch tree just outside my boundary. It's on a
council owned verge


IANAL (or a tree expert), but some trees can have preservation orders
on them. If they are in a conservation area, this is de-facto a
preservation order. Any work on these trees needs Council (planning)
permission.

If it's an established tree which adds character to a street scene or
was included in the original landscaping of the estate, then even
without a TPO, it might be difficult to persuade the Council (highways
or parks) to remove it. They may be more amenable to pruning[1] it.

[1] Is that the right term? As mentioned above, IANAtreeexpert.
--
Hugo Nebula
"You know, I'd rather see this on TV,
Tones it down" - Laurie Anderson

Hugo Nebula 29-09-2002 10:36 AM

Removing Council Owned Trees?
 
From the chaotic regions of the Cryptosphere, Mike
wrote on Sat, 28 Sep 2002 16:58:24 +0100:

snip 65 line rant

Jeez, some newsgroups are scary!
--
Hugo Nebula
"You know, I'd rather see this on TV,
Tones it down" - Laurie Anderson

David J Clarke 29-09-2002 10:50 AM

Removing Council Owned Trees?
 
| If it's an established tree which adds character to a street scene or
| was included in the original landscaping of the estate, then even
| without a TPO, it might be difficult to persuade the Council (highways
| or parks) to remove it. They may be more amenable to pruning[1] it.
|
| [1] Is that the right term? As mentioned above, IANAtreeexpert.


My council call it 'Topping & Lopping' and even this activity needs to pass by the planners.



hugh 29-09-2002 01:23 PM

Removing Council Owned Trees?
 
In article , David J Clarke
writes

| ------------------------------------------------------------------------------
--
| It's frustrating when you know all the answers, but nobody bothers
| to ask you the questions.
|

I wouldn't know about that. Do you really know ALL the answers?



He certainly thinks he does.
--
hugh

hugh 29-09-2002 01:25 PM

Removing Council Owned Trees?
 
In article , norman
eeserve.co.uk writes

Mike wrote in message ...
In article vjhl9.751$Op4.96001@newsfep2-gui, Top Cat
writes
I've got a very large Silver Birch tree just outside my boundary. It's on

a
council owned verge, overhangs my property, and the sap makes a hell of

the
mess of my car when parked on the driveway, it's a bloody nuisance!. Do

you
think as if I asked the council they would be obliged to remove it and

plant
something else more appropiate?

P.S. I'm a private householder.


Word your letter to the Council very carefully about you 'charging them'
to have your car cleaned every week/fortnight if they do not keep their
tree under control and from overhanging your land. Remind them that you
are quite within the law to prune any overhanging branches and return
the Prunings to them, ie dump them in the road. Give them 7 days to do
it and add that you will accept no responsibility if the tree dies or is
effected in any way by your lawful action if you do have to do it
yourself. Have the letter delivered by recorded delivery.

Copy the letter to the Council Ombudsman and the Citizens Advice Bureaux

Mike



My area has many council-owned trees and I act on behalf of my residents
association. Any problems with trees and I phone the council parks dept guy
responsible for our area. He meets me on site, usually within a couple of
days. We have a chat, agree a solution to the problem, and agree a schedule
according to the urgency of the problem. You might want to try that approach
instead. There are no extra costs associated with using a pleasant personal
approach; in fact it's cheaper, quicker and frequently more productive ;-)

N.


And will be more receptive in future rather than marking you down in
their little black book to be screwed the minute you step one inch out
of line
--
hugh


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