I've had a similar request quite recently and decided that since the cemetary was'nt used that frequently, a burial once in a while under the edge of the crown was ok, but only on a case by case basis, and no closer than a certain distance
Not desirable, but sometimes necessary
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Despair is 'sort of ' right. Shared boundaries and who owns what are a nightmare. Lemon vs Webb initiated the idea of ownership in common - since reinforced by other cases - that a tree planted on the boundary ie the boundary line bisects the trunk at ground level reasonably equally then both sides ...
- Tue Aug 18, 2009 12:07 pm
- Forum: Trees
- Topic: Tree with TPO and dying (TPO still valid?)
- Replies: 16
- Views: 3660
the purpose of a TPO is to preserve amenity. It would be inappropriate to use a TPO for any other purpose. Yes.. but amenity can be stretched quite a way. :lol: and it's not quite as clear cut as that any more... local UDP Planning policies can also use 'other reasons' - historical significance for...
- Thu Aug 06, 2009 2:03 pm
- Forum: Hedges
- Topic: overhanging branches from council side
- Replies: 3
- Views: 1598
I suggest there is two parts to this 1. encroaching growth can be cut back to the boundary and the arisings offered back. 2. if the growth is pushing against your fence and causing damage then this is an actionable nuisance and they should rectify that immediately. You can argue about whether the da...
- Thu Aug 06, 2009 1:57 pm
- Forum: Boundaries
- Topic: Help needed with police officer neighbour!!
- Replies: 23
- Views: 3175
lets get back to the OP. regardless on the rights or wrongs of cutting a tree I note the following: the OP has been in the property for 15 years nand in that time the boundary was deemed to be where she says it was - and presumably everyone previously accepted that the new people deem it to be 12" [...
Brewster you are missing my point. The tree may be causing you concern, and the Law on this may be an ass, but it's what it is and no amount of carping will change the situation as it stands. so you have to work round the problem preferably without breaking the law. as I stated doing all that work t...
If seeds and leaves [and presuambly everything else] that drops into your garden is the only problem then I don't see how trimming back to the boundary will negate it. The rest of the tree will still produce seeds, leaves [and the everything else] which will continue to find their way into your gard...
As the author of Treeman's PM quote, I would like to back up everything he has stated on this thread [well, nearly all :lol: ] Much of the threads - indeed most, refer to Trees as an object of LAW, be it common or statute. Those of us who's professions deal with the impartial application of that law...
What treeman says is correct but...... a Conservation Area designation or Tree Preservation Order will over-ride that common law right / obligation, apart from instances where it can be shown [in a court of law if neccessary] that an actionable nuisance was occuring - which opens a whole can of worm...
Hmmmn The first thing that jumps out is that British standards do not make law so either they don’t understand the process or they are adding to the “generalisations” of the flyer. Anyone who expects the BSI to get a standard out on a scheduled date is over optimistic to say the least. especially w...
- Mon May 18, 2009 12:15 pm
- Forum: Trees
- Topic: Protection for old oaks on farmland ?
- Replies: 10
- Views: 1796
It does seem wrong that these really ancient trees have no protection. I thought modern farmers were supposed to be into that sort of thing. Farmers quite frankly have been the source of countryside decimation for generations. If there was the same kind of protection as the TPO system however then ...
- Fri May 08, 2009 12:17 pm
- Forum: Trees
- Topic: TPO. Birds. censored. Neighbours. Violence.
- Replies: 41
- Views: 12633
Turn thing around a bit - is it a tree problem or a bird fouling problem? if the latter then look at ways of dissuading the birds from perching on the branches over your property - or at least where the car is. The easiest answer is to move the target elswhere; but this may not be possible or practi...
You could have asked for a TPO. The council are obliged to consider placing one, but may decide not to [at officer level]. This tends to happen where there is no tree officer or if there is they are'nt in close contact with the planning officers. Usually [in my experience anyway] if the LPA know tha...