Re: Re: Enforcement: when is it warranted?
Got a terrifying enforcement notice last week in respect of my garden: unauthorised removal of mature trees. (Calm down: they were 30 yr old ailing leylandii) I got a warning letter three years previously and I asked for an inspection. I showed the inspector photographs of the trees then and he accepted without reservation that they were dangerous (I had a letter as well from a landscape contractor about them – deadly dangerous). He visited me a month later to check the replacements Trouble is that he left the council without concluding the matter – although there is reference to an agreement on file. The new planner asked the Parks Supervisor to check the list of replacements: he got sniffy because he said that the bloke who inspected my property (twice) was only a technician and he wanted an environmental plan for the garden (there was already an agreed one on file) He refused to inspect. the matter went over and back between Planning and Parks and earlier this year: a postit note on file “Send to enforcement” -[I] I knew nothing about all this.[/I] My garden has been planted for 3 years now! I asked the enforcement officer what was the matter (like did something new come to their attention) and he said no. I asked had he visited the garden and he said yes I asked could he identify the problem and how I might fix it and he said no – but I could send in a new environmental plan – so the Parks Super has got his way — but in the absence of ANY correspondence with me in nearly 3 years.
Is this how enforcement takes place in Ireland ? I got a plan drawn up this weekend but I’m worried that the parks super will reject it and leave me in the soup. Can anyone advise me please – I’ll pay money!!
This Local Authority appears to have an infernal cheek to send you an Enforcement Notice in relation to those trees. My advice for what its worth is tell them where to go in no uncertain terms. Do not spend money preparing plans . Leylandii are regarded as weeds by most Parks Departments these days.
In any case under the Forestry Act of 1946 you can cut down trees if they are within 100 feet of a house or other structure, even a wall. Write a letter to Planning Enforcement asking if they will indemnify you against any claim if your trees fall on anyone in a storm. That will soften their cough.
The person who owns the ground where trees are growing is responsible if those trees fall into someone elses garden and cause damage or hurt someone.
Best of Luck