Two problems with neighbour

Re: Two problems with neighbour

Postby MacadamB53 » Fri Jul 11, 2014 7:16 pm

Hi jerry,

Some seems to take the devils advocate position purely for the hell of it.

who?

cutting it back ourselves to within our boundary would be pretty close to removing it altogether. Although the trunk is in the corner of our garden it spreads quite widely beyond it

so your own enjoyment of the "venerable specimen" is at everyone else's expense which is all well and good whilstever everyone else obliges, but your current neighbours have other plans for their land - which is fair enough (I'm not being devils advocate)

whose fence did they spray near? was anything growing up or against it?

Kind regards, Mac
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Re: Two problems with neighbour

Postby Roblewis » Fri Jul 11, 2014 11:44 pm

Hi Rob,

Overspraying by accident or intent is a criminal offence under the Control of Pesticide Regulations.

can you point me towards the relevant section? (I've read the legislation a couple of times but it's not jumping out at me about it being a criminal offence)

Kind regards, Mac

Mac

Sorry for the late response but you need to look at schedule 3 (1) and also then the Approvals 5 b. They are intimately linked and create the offence. It is actually a very badly written set of legislation. Protecting the environment is interpreted as including not spraying other than the intended area in the speciified location or property. The law applies to ALL persons, commercial and domestic. Domestic users may only use that approved for domestic use otherwise approval is breached and an offence is again committed. Essay will end here :D
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Re: Two problems with neighbour

Postby arborlad » Sat Jul 12, 2014 8:57 am

MacadamB53 wrote:............so your own enjoyment of the "venerable specimen" is at everyone else's expense



The tree owner is not the only one to enjoy the tree, we all benefit and we're all the poorer when they're lost.
arborlad

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Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 10:50 am

Hi arborlad,

we all benefit and we're all the poorer when they're lost.

we don't all benefit from the OP's tree and we're not all poorer if it is lost.

although I agree with the sentiment that trees are worth keeping it does not follow that ALL trees are worth keeping or that ALL trees will be lost if the OP loses their tree.

Kind regards, Mac
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Re: Two problems with neighbour

Postby arborlad » Sat Jul 12, 2014 11:13 am

MacadamB53 wrote:Hi arborlad,

we all benefit and we're all the poorer when they're lost.

we don't all benefit from the OP's tree and we're not all poorer if it is lost.



Yes we do and yes we are, if I have to explain - you wont understand.



although I agree with the sentiment that trees are worth keeping it does not follow that ALL trees are worth keeping or that ALL trees will be lost if the OP loses their tree.



I did not say that or even infer it - you're twisted logic leaves me bemused.
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Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 11:34 am

Hi arborlad,

Yes we do and yes we are

No we don't and no we aren't - if I have to explain you won't understand. :roll:

Kind regards, Mac
PS I did not say that or even infer it - I didn't say you did
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Re: Two problems with neighbour

Postby arborlad » Sat Jul 12, 2014 1:05 pm

MacadamB53 wrote: - if I have to explain you won't understand. :roll:



Thankyou for your kind offer to educate me in the biodiversity of an Ash tree, which I feel I must decline at the moment, pleaser feel free to add it for the benefit or amusement of the Forum.
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Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 1:25 pm

Hi arborlad,

Thankyou for your kind offer to educate me in the biodiversity of an Ash tree

I've done no such thing.

For someone who purports to value a proper forum you sure do like to put some people down all of whom happen to have expressed a slightly different opinion to your own. :(

Kind regards, Mac
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Re: Two problems with neighbour

Postby jerry12953 » Sat Jul 12, 2014 3:02 pm

arborlad wrote:What is the farmers involvement or opinion on this, it would seem that some of the work couldn't have been done without trespass on his land.

What sort of vegetation has been killed, if it were thistles close to seeding, this may go some way to explaining his actions.


I haven't seen the farmer. He's not exactly a regular visitor. But when I do I will ask him how it all came about.

Re: Vegetation. Just grass.
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Re: Two problems with neighbour

Postby jerry12953 » Sat Jul 12, 2014 3:07 pm

arborlad wrote:
MacadamB53 wrote:............so your own enjoyment of the "venerable specimen" is at everyone else's expense



The tree owner is not the only one to enjoy the tree, we all benefit and we're all the poorer when they're lost.


Well said. And it's not just US - it also includes the wildlife that depends on it. I know trees have been managed over the centuries but usually with the intention of prolonging their life. This tree won't die but this is just crude destruction.
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Re: Two problems with neighbour

Postby arborlad » Sat Jul 12, 2014 3:17 pm

jerry12953 wrote:
arborlad wrote:
MacadamB53 wrote:............so your own enjoyment of the "venerable specimen" is at everyone else's expense



The tree owner is not the only one to enjoy the tree, we all benefit and we're all the poorer when they're lost.


Well said. And it's not just US - it also includes the wildlife that depends on it. I know trees have been managed over the centuries but usually with the intention of prolonging their life. This tree won't die but this is just crude destruction.



Time to get your Tree Officer to have a look.
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Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 4:42 pm

arborlad wrote:Time to get your Tree Officer to have a look.

+1
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Re: Two problems with neighbour

Postby jerry12953 » Sat Jul 12, 2014 5:06 pm

MacadamB53 wrote:
arborlad wrote:Time to get your Tree Officer to have a look.

+1


I did phone on Friday but he's off sick........typical.
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Re: Two problems with neighbour

Postby MacadamB53 » Sat Jul 12, 2014 6:01 pm

Hi jerry,

whose fence did they spray near?
was anything growing up or against it?
how much of an area was inadvertently sprayed?


Kind regards, Mac
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Re: Two problems with neighbour

Postby Roblewis » Sat Jul 12, 2014 10:45 pm

Mac

It actually does not matter what was sprayed and what area. It is the use of pesticides that is controlled. Subject of course to usual proofs the sprayer is guilty of an offence when he sprays area that should not have been sprayed because it was outwith a contract or specification or not the persons land in the case of domestic users. This piece of legislation, from memory, follows usual environmental stance of a reversed burden of proof that the accused must demonstrate that it is beyond reasonable doubt that he/she did not do it.

On the matter of the tree a TPO is I fear the only way to protect this specimen. Do remember though that they may look to like for like replacement if it falls victim to sudden ash death.
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