Trees & neighbour complains

Re: Trees & neighbour complains

Postby arsie » Thu Aug 14, 2014 8:39 am

I agree Mac although scrappies will charge these days and you can't just lob old cars into landfill (obviously)
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Re: Trees & neighbour complains

Postby arborlad » Thu Aug 14, 2014 8:53 am

loggzi wrote: I can't physicLly get the logs out even using a rake as I am a wheelchair user and cannot get at the right angle to get them out and really would not want to risk anybody getting injured..



I wasn't suggesting that you attempt this yourself, far from it, simply leave it to the contractor, it's what you've paid them for, they may not give it a very high priority but should get to it eventually.
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smile...it confuses people
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Re: Trees & neighbour complains

Postby Roblewis » Thu Aug 14, 2014 11:35 pm

Mac

The legislation will only kick in when the vehicles are on public land or if the private land becomes such that it is classed a public nuisance. Police powers of enforcement are steadily being passed to the LAs and they are even more reticent to enter private land than the LA so in reality it is with the landowner to remove assisted by a LA boot on occassions.
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Re: Trees & neighbour complains

Postby MacadamB53 » Fri Aug 15, 2014 12:15 am

Hi Rob,

I can't see any mention in the legislation of it needing to be a public nuisance:

Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a highway/road it shall be the duty of the authority, subject to the following provisions of this section, to remove the vehicle.
(2)Where it appears to a local authority that the land on which a motor vehicle is abandoned as aforesaid is occupied by any person, the authority shall give him notice . . . that they propose to remove the vehicle in pursuance of subsection (1) above but shall not be entitled to remove it if he objects to the proposal . . . within the prescribed period.
(3)A local authority shall not be required by virtue of subsection (1) above to remove a vehicle situated otherwise than on a carriageway (within the meaning of the Highways Act 1980) if it appears to them that the cost of its removal to the nearest convenient carriageway (within the meaning of that Act) would be unreasonably high.


that reads to me as "if the LA think it's abandoned they have a duty to shift it unless the cost to do so would be prohibitive or the occupier - if there is one - has responded to their notice with a "hands off".
having looked into (3) I've seen guidance that states the LA would be expected to shift all vehicles in residential/urban areas unless the circumstances are exceptional.

Kind regards, Mac
PS it's all academic anyway because I don't think it's really relevant to the OP...
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