Neighbour built shed next to my tree

Palo
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Re: Neighbour built shed next to my tree

Post by Palo » Wed Dec 21, 2016 9:29 pm

Thank you coggy but firstly my council are known for not answering foi requests & 2nd they will have the tree down before it arrives which will happen I have 10 days i think as it is my responsibility then I should be able to see the report to why my tree is going

Collaborate
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Re: Neighbour built shed next to my tree

Post by Collaborate » Wed Dec 21, 2016 10:22 pm

Palo wrote:Hi I am a council tenant of 36 years & responsible for the trees they are maintained correctly the tree officer said no action required now he says different all I want to know is can I see the report must they let me see it or can they refuse
Your question has been answered. You have a link to the statutory framework within which you can make a FOI request.

Up to you whether you act on it, but you'll not find a magic wand.

Palo
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Re: Neighbour built shed next to my tree

Post by Palo » Thu Dec 22, 2016 7:30 am

[quote="COGGY"]Hi Palo

Collaborate wrote earlier today with a link for you to obtain copies of the report

https://www.gov.uk/make-a-freedom-of-in ... mation-act for the procedure.

Good luck
Coggy[/quote

Thanks Coggy but my council do not reply to foi most of the time & will not to this
if they do then the tree will already be out as the average wait for foi is months
& I have roughly 10 days all I want is to see the report he compiled whilst in my garden.

Thanks Palo

Collaborate
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Re: Neighbour built shed next to my tree

Post by Collaborate » Thu Dec 22, 2016 7:41 am

This is the last comment I'll make on this thread, as you seemingly can't even be bothered to try the obvious and only route open to you.

Padlock the gate to your garden, if you have one, to prevent the workmen coming to remove it, while you take them through a FOI request process.

Save for hacking the LA's IT system or burgling their office, neither of which I'd recommend, I'm out of ideas.

Try asking a passing unicorn to get it for you.

Palo
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Joined: Tue Mar 29, 2016 7:18 pm

Re: Neighbour built shed next to my tree

Post by Palo » Sat Dec 31, 2016 11:58 am

UPDATE ok so I have obtained a copy of the report legally I am entitled to one without submitting an FOI request
& it has arrived with a 15 day grace period to answer,it seems that the other person was not happy with the
original report & used their power to get another report by someone else at the council.

They state it might be a root, it might be bad fitting of the fence post but take the tree out the other person
wants both but it seems they are willing to take 1 although I am in no doubt she will try for this 1as well
as for FOI request the average wait is 9 weeks here & locking the gate is not allowed as council must have
access 24/7 & their contractors also & they are allowed to cut any chains/padlocks etc it is in the rules

Thank you to all who have taken the time to answer

ukmicky
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Re: Neighbour built shed next to my tree

Post by ukmicky » Sat Dec 31, 2016 5:50 pm

locking the gate is not allowed as council must have
access 24/7 & their contractors also & they are allowed to cut any chains/padlocks etc it is in the rules
Your legally by law allowed 'quiet enjoyment’ of the property you rent due to UK and EU legislation and can lock it and they cant break in with out a court order ,which they can only gain if you ignore a reasonable request for access. It doesn't matter if the contract says that because it an unfair term and becomes unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999.

They need to give you notice and a good reason before they can enter.
Advice given is not legally qualified and you are advised to gain a professional opinion

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