Dispute over 35ft Leylandii trees

7 Sep 2010

Quote by Dave__Notts
Now that there is a complainant, do the people here in the know, feel that this situation/hedge meets the criteria for forced removal by the council if mediation fails

Depends on who the complainant is.
If the complainant was someone who lived on the street, but the tree did not effect their property and the only reason for their complaint was that it was an eyesore.......then tough shit to them.
Now if they were a direct neighbour and it effected them i.e. blocking out light, and they made a complaint, after exhausting all other avenues, then if awarded in the complainants favour then the tree owner can face a fine. This will be added on if they refuse to lower the hedge. The tree cannot be touched by the council as this is not in the ASBO legislation.
Now if using Foxys example of the hedge was damaging your home then the council can then invoke the Housing Act through the Private Sector Housing section of the Env Health who can, if evidence is avialable that it is or will harm the complainant by affecting their home, remove parts of the tree that is affecting the complainants home.
They cannot just chop the whole tree down though.
Dave_Notts
Thanks Dave, I believe it is the neighbour who is the source of the complaint as, and I am reading between the lines here, there was a previous problem with a high wall which had to be taken down so, I think they then planted these trees. (Some speculation)
The story you linked said that the wall was in the back garden and the trees are in the front garden.
The wall comes under planning legislation. The high hedge comes under ASBO legislation. Affecting your home and detrimentall to your health comes under the Housing Act.
Three different pieces of legislation for three different things.
Planning legislation does not need a complainant, the council just need to be aware of it.
ASBO Legislation needs a complainant.
Housing Act needs a person to have their health actually or theoretically affected
Dave_Notts
I was thinking that probably the trees were revenge! not that, that will change any laws

7 Sep 2010

Quote by kentswingers777
It was advice Foxy.....says nothing about not giving advice in the AUP..........does it?
I am sure Essex is more than capable of answering for himself.

And I'd say he has by maintaining a dignified silence.

7 Sep 2010

Quote by Bluefish2009
I was thinking that probably the trees were revenge! not that, that will change any laws

There were always Civil laws to deal with this but it was very complicated and very expensive to get through court. Usually the bigger wallet won the case. Thats why the change in 2005. It comes under ASBO law but does not carry criminal convictions or ASBO orders..........after all it is a nuisance and not life or death.
Dave_Notts

7 Sep 2010

I am sure Davey that people have killed themselves over unreasonable neighbours antics.
Or am sure that some neighbours could annoy people to such an extent that some could even contemplate suicide.

For anyone that may be having trouble with their neighbours.

7 Sep 2010

Just remembered - I'm pretty sure the neighbour can cut the trees back to the boundary. So long as they don't retain what they cut off. So they have to give the trimmings back - onto the front lawn would be acceptable in law I beleive.

7 Sep 2010

Quote by kentswingers777
I am sure Davey that people have killed themselves over unreasonable neighbours antics.
Or am sure that some neighbours could annoy people to such an extent that some could even contemplate suicide.

For anyone that may be having trouble with their neighbours.

Yes Kenny, and that is why the laws are in place to protect and help people.
The second link signposts you to a "not for profit" organisation where the CAB or local authority are usually free for advice.
Dave_Notts

7 Sep 2010

Quote by Dave__Notts
I am sure Davey that people have killed themselves over unreasonable neighbours antics.
Or am sure that some neighbours could annoy people to such an extent that some could even contemplate suicide.

For anyone that may be having trouble with their neighbours.

Yes Kenny, and that is why the laws are in place to protect and help people.
The second link signposts you to a "not for profit" organisation where the CAB or local authority are usually free for advice.
Dave_Notts
The only people where the law protects is the criminal.

7 Sep 2010

Quote by kentswingers777
I am sure Davey that people have killed themselves over unreasonable neighbours antics.
Or am sure that some neighbours could annoy people to such an extent that some could even contemplate suicide.

For anyone that may be having trouble with their neighbours.

Yes Kenny, and that is why the laws are in place to protect and help people.
The second link signposts you to a "not for profit" organisation where the CAB or local authority are usually free for advice.
Dave_Notts
The only people where the law protects is the criminal.
Now you are talking silly.
If the complainant follows the advice and does everything required then makes a complaint to the council, who then gather evidence, put it before a court and the hedge owner is fined £1000..........how does that protect the criminal?
You should have that shut eye if you cannot think straight after an early rise
Dave_Notts

7 Sep 2010

In an ideal world Davey your suggestions above would work perfectly but....we do not live in that perfect world.
Now your the one being silly if you really think the law protects the innocent....the laws are balanced very nicely towards the criminal.
I have no faith in the law at all or the legislation either.
When you sit down and look at this story it is rather laughable to think the council will leave it up to mediation. Can you imagine fopr a second what someones state of mind is to grow a tree this size, and then try to imagine what the neighbour must be feeling.
Example time...........
Two roads away from where I live was a guy who lived alone in his house. There were numerous disputes with his neighbours over his whacky behavour, and his aggressive nature. Threats were common place from him towards others.
The neighbours had lost count of the ammount of times they had called the police, who whilst they did respond took no action against the man.
Then one fine sunny Sunday evening four years ago this nutcase set fire to his house. The neighbour on one side had his house damaged. The house was almost destroyed in the fire ie....no roof at all and the upstairs of the house gutted.
The police took him to court after he had been sectioned for a week, and the court obviously took pity on him as they did not even give him a suspended sentence. All they asked was that he saw a shrink of sorts.
For the next four years he lived in a shed in his garden with the house almost burnt down. Both the neighbours on either side owned their properties and they were desperate to sell but nobody wanted to buy with a burnt out house next door.
This man continued to make those around him a misery, but still all the law did was to warn him, of which he took no notice. Then last year one of the women tried to kill herself because of all the stress.
Last month this nutter was forcibly removed from his shed and the house apparently is going to be rebuilt.
Try telling those poor people about as you aptly put it " that is why the laws are in place to protect and help people ".
It does not work in an ideal world Davey.

7 Sep 2010

Quote by kentswingers777
In an ideal world Davey your suggestions above would work perfectly but....we do not live in that perfect world.
Now your the one being silly if you really think the law protects the innocent....the laws are balanced very nicely towards the criminal.
I have no faith in the law at all or the legislation either.
snip

And yet in a previous thread you have trumpeted your glee at using the law to win your point and get some people sacked.
Make your mind up.

7 Sep 2010

Have I?
If they were sacked it was obviously because they were incompetent.

7 Sep 2010

Quote by kentswingers777
In an ideal world Davey your suggestions above would work perfectly but....we do not live in that perfect world.
Now your the one being silly if you really think the law protects the innocent....the laws are balanced very nicely towards the criminal.
I have no faith in the law at all or the legislation either.
When you sit down and look at this story it is rather laughable to think the council will leave it up to mediation. Can you imagine fopr a second what someones state of mind is to grow a tree this size, and then try to imagine what the neighbour must be feeling.
Example time...........
Two roads away from where I live was a guy who lived alone in his house. There were numerous disputes with his neighbours over his whacky behavour, and his aggressive nature. Threats were common place from him towards others.
The neighbours had lost count of the ammount of times they had called the police, who whilst they did respond took no action against the man.
Then one fine sunny Sunday evening four years ago this nutcase set fire to his house. The neighbour on one side had his house damaged. The house was almost destroyed in the fire ie....no roof at all and the upstairs of the house gutted.
The police took him to court after he had been sectioned for a week, and the court obviously took pity on him as they did not even give him a suspended sentence. All they asked was that he saw a shrink of sorts.
For the next four years he lived in a shed in his garden with the house almost burnt down. Both the neighbours on either side owned their properties and they were desperate to sell but nobody wanted to buy with a burnt out house next door.
This man continued to make those around him a misery, but still all the law did was to warn him, of which he took no notice. Then last year one of the women tried to kill herself because of all the stress.
Last month this nutter was forcibly removed from his shed and the house apparently is going to be rebuilt.
Try telling those poor people about as you aptly put it " that is why the laws are in place to protect and help people ".
It does not work in an ideal world Davey.

So what you are effectively telling me after all that is that he was evicted and the house rebuilt. So the law did work then?
Dave_Notts

8 Sep 2010

mind you it was some wall the guy put up before the trees

8 Sep 2010

Quote by Lizaleanrob
mind you it was some wall the guy put up before the trees

Nice!
Must be a pleasure to live next door to :sad:

8 Sep 2010

Quote by kentswingers777
I am sure Essex is more than capable of answering for himself.

Yes I am.
Thank you for allowing me to do that.

9 Sep 2010

Quote by kentswingers777
Mediation?
I would chop it down myself. But then again I would have chopped it down long before it got to this mad state of affairs.
I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.
The artical says....
The statement continued: "If Mr Alvand and his neighbours cannot agree a way forward, then our tree officers will need to visit the property and take measurements to determine the 'action hedge height' and establish what, if any, remedial action needs to be taken."
Eh?
It is as high as the fecking house fgs....what the feck does it need a what? A tree officer ffs.
Soooooooooooooo.....the guy can have a fecking tree the size of his house and the council will not act, yet build a wall two feet higher than is allowed and they will take you to court....go figure that fantastic piece of legislation.

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

9 Sep 2010

Quote by awayman
The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

You're so

9 Sep 2010

Quote by Bluefish2009
mind you it was some wall the guy put up before the trees

Nice!
Must be a pleasure to live next door to :sad:
i bet if he lived next door to some one who worked for the council, the trees would have been removed a long time back wink

9 Sep 2010

Quote by GnV

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

You're so
that reminds me should i take my anorak with with me today it looks like rain later :giggle::giggle:

9 Sep 2010

Quote by awayman
The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

9 Sep 2010

Quote by Lizaleanrob

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

Well rob, he works for a council doesn't he, so I don't expect he has much skill in that area so just makes it up as he goes along.

9 Sep 2010

Quote by GnV

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

Well rob, he works for a council doesn't he, so I don't expect he has much skill in that area so just makes it up as he goes along.
there is a meter for judging council affiliates reply's GNV

9 Sep 2010

Quote by awayman
The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

9 Sep 2010

Quote by Bluefish2009

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

i d believe its allowed blue due to him being a mods pet innocent

9 Sep 2010

Quote by Lizaleanrob

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

And amongst the definitions it says 'very large indeterminate number'; another says 'a very large indefinite number (usually hyperbole)'.
Hyperbole is the posh word for made up bullshit.

9 Sep 2010

Quote by awayman

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

And amongst the definitions it says 'very large indeterminate number'; another says 'a very large indefinite number (usually hyperbole)'.
Hyperbole is the posh word for made up bullshit.
And will the council be using this to bring the trees down, or will they use chain saw's dunno

10 Sep 2010

Quote by awayman

The law requires the tree officer to calculate the height at which the council will take action on the hedge - there's a lovely spreadsheet you can get to calculate the relevant details.
You could have googled that.
I'm off to google 'a zillion'. I believe it's accurately defined on ' '

well well looky looky
it a word

And amongst the definitions it says 'very large indeterminate number'; another says 'a very large indefinite number (usually hyperbole)'.
Hyperbole is the posh word for made up bullshit.
a word all the same flipa

funny you should also know all the definitions of bullshit but then that is in the council employees hand book

10 Sep 2010

Quote by flower411

Hyperbole is the posh word for made up bullshit.

And there was me thinking it was an American football stadium !! :doh:
:laughabove:
For you flower, that's actually quite good :thumbup:
However, as awayman is possibly educated, he would pronounce it high-perbolee rather than highper-bowl so the joke would be lost on him...

10 Sep 2010

:thumbup:

10 Sep 2010

Quote by flower411

Hyperbole is the posh word for made up bullshit.

And there was me thinking it was an American football stadium !! :doh:
:laughabove:
For you flower, that's actually quite good :thumbup:
However, as awayman is possibly educated, he would pronounce it high-perbolee rather than highper-bowl so the joke would be lost on him...
You see !! If it is funny, then simply have the good grace to laugh.
Why did you have to turn it into and attack on somebody ?
I did laugh.. isn't that what the "laughabove" emoticon is for??
What attack? I was being complimentary about his probable ability to speak the Queen's English as intended... or did you think I was actually having a go at you 'cos yer a kent fikkie who can't pronounce diffikult words proper like dunno

Loosen up man, it's Friday!!