GingerCat Posted March 4, 2014 Report Share Posted March 4, 2014 Personally I would go the civil route rather than the police, if you get some chap a caution for criminal damage that's it. End of. Rather small claims court, council planners etc etc to make right the problem than end it with at best a telling off in magistrates court. Photograph the damage and get copies of the plans to hand as well as evidence the tree was on your land. We're any of the trees protected, Will more buildings be erected now on the vacant ground? Can they fit a garage or communal bin area in? Have they already applied? Best to check. Quote Link to comment Share on other sites More sharing options...
88b Posted March 4, 2014 Report Share Posted March 4, 2014 I'd take Munglers advice call the police and the council planners and don't let up . The squeaky wheel gets the grease. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted March 4, 2014 Report Share Posted March 4, 2014 I have 2 experiences of this kind of thing-1/ chap next door to the school walks into the grounds and fells a tree with a chainsaw in broad daylight and on CCTV-evidence handed to police who did absolutely nothing & 2/ A local farmer felled a row of 9 full grown Ash trees on the roadside outside his land and sold the wood-the local council said that without the land registry details they could not prove that the trees were theirs-to get the details they would have to pay another council to release them-this they could not do because they have no proof of who owns the trees Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted March 4, 2014 Report Share Posted March 4, 2014 First thing to do is get in touch with the council planning enforcement officer not the police. I would be tempted to accept a sizeable cash settlement as compensation and then replant with a quick growing specimen. The trees not on your land are not of your concern but they would be to the enforcement officer. Not all developers are so unscrupulous and mistakes do happen. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted March 4, 2014 Report Share Posted March 4, 2014 . Not all developers are so unscrupulous and mistakes do happen. (He added) Come on then Mike, who's trees have you cut down then? Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted March 4, 2014 Report Share Posted March 4, 2014 You also need to check on line planning register that the drawing you received was actually sanctioned by the Planning office and not amended following an arboreal report... this is not uncommon... You would have good reason for recourse if they have removed your property but would look pretty foolish if the other trees were removed legitimately Good luck (He added) Come on then Mike, who's trees have you cut down then? Not enough Ram on this network to divulge I'm afraid.. Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted March 4, 2014 Report Share Posted March 4, 2014 I'd be proper slashed off if that happened to me, especially if i'd been cool with the application. Did they leave you any logs? Lol probably not... I suspect the site toilet was installed before tree surgery took place Quote Link to comment Share on other sites More sharing options...
station Posted March 4, 2014 Author Report Share Posted March 4, 2014 First thing to do is get in touch with the council planning enforcement officer not the police.I would be tempted to accept a sizeable cash settlement as compensation and then replant with a quick growing specimen.The trees not on your land are not of your concern but they would be to the enforcement officer.Not all developers are so unscrupulous and mistakes do happen. Wife has emailed local authority this evening and will follow up tomorrow with phone call. It's just a really **** start to what's going to be 6 months of building work. If we get no joy then every single reason to complain will be done during their build - their time is their money so it will cost. Plus the local papers are always after stories. Thanks. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted March 4, 2014 Report Share Posted March 4, 2014 probably not... I suspect the site toilet was installed before tree surgery took place You could be right though a quick shufti behind the shed might not go a miss. Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted March 4, 2014 Report Share Posted March 4, 2014 Wife has emailed local authority this evening and will follow up tomorrow with phone call. It's just a really **** start to what's going to be 6 months of building work. If we get no joy then every single reason to complain will be done during their build - their time is their money so it will cost. Plus the local papers are always after stories. Thanks. I'm afraid the potential sales profit on the houses will more than compensate them for any disruption or bad publicity you may generate so they will probably just ignore it. Don't underestimate however the finances they have available to deal with persistent complainants so make sure any complaints you make are legitimate and not spurious. If you do have reason to complain or pursue the company for compensation go straight to the top.. I would ensure you press your case firmly with the Planning enforcement officer as it sounds as though they are in serious breach of a Planning condition and . remember that the council will be firmly on your side so don't get belligerent with them....it wont be their fault. let us know how its resolved Quote Link to comment Share on other sites More sharing options...
malkiserow Posted March 4, 2014 Report Share Posted March 4, 2014 watch out for the "oh they were diseased so we had to make them safe" story Quote Link to comment Share on other sites More sharing options...
woodcock11 Posted March 4, 2014 Report Share Posted March 4, 2014 Wife has emailed local authority this evening and will follow up tomorrow with phone call. It's just a really **** start to what's going to be 6 months of building work. If we get no joy then every single reason to complain will be done during their build - their time is their money so it will cost. Plus the local papers are always after stories. Thanks. I too don't think that police is the right answer as it is after all a civil matter not a criminal one - planners the answer but I think you also need to get legal advice. The law is somewhat different here and apologies if I am wrong - however and as I said previously, you have my full sympathy! Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted March 5, 2014 Report Share Posted March 5, 2014 My mother had a dispute with a builder who bought a plot next to our house, we had a gate at the end of the drive with old pillars standing, they had been there the 15 years we had lived here at the time. The builder wanted them moved as they were blocking him getting a lorry up the drive, my family refused as he was aggressive, threatening and a bully from the go, with the attitude that he could do as he pleased. He waited for a public holiday (when he knew the council planning officers were off) and just drove a bull dozer through the pillars. After a couple years of legal battles he ended up having to pay my mother £25,000 (including her expenses) ... however, I think it cost her around £30,000 from the huge legal bills etc. On the bright side it bank rupted the bullying ******* and he never did build on the site, if he had been polite from the beginning, my family could have been happy to come to an arrangement. Quote Link to comment Share on other sites More sharing options...
goodo123 Posted March 5, 2014 Report Share Posted March 5, 2014 In effect they have "stole" your tree. Which the press would love. As for the other stuff I'd go to a decent solicitor and ask there advice. It's a shame there isn't a no win no fee your tree has been stolen specialist. Quote Link to comment Share on other sites More sharing options...
Paul223 Posted March 5, 2014 Report Share Posted March 5, 2014 (edited) I think the issue has been clouded by the erection of your second fence, be very careful how you describe that fence and mark your boundary before the old fence line disappears and your left with f all to prove where it was I too would be contacting the police, my hope would be someone takes a caution and with that admission lies a much easier small claims route, with the guilt proven! Edited March 5, 2014 by Paul223 Quote Link to comment Share on other sites More sharing options...
WGD Posted March 5, 2014 Report Share Posted March 5, 2014 Check your title before charging off claiming it was your tree, the developer will have an up to date title plan which will be reflected on their drawings. Make sure you are in receipt of all up to date Planning information, check with the case officer first then report to enforcement if the developer is in the wrong. As FM said mistakes do happen and if it has been genuine mistake a rational approach will get you a lot further than an "I'm going to make your life a misery" one, because you won't, someone is upset nearly every time you put a spade in the ground and you will become like the boy who cried wolf with your genuine grievance lost amongst spurious nonsense. Hope you get it sorted to your satisfaction. Quote Link to comment Share on other sites More sharing options...
Muddy Funker Posted March 5, 2014 Report Share Posted March 5, 2014 Whether they act on it or not I think it's worth reporting to police inthe first instance with a view to then taking things further re small claims. If that tree was definitely within your boundary then it surely comes under the title criminal damage, deliberate or not they were still reckless as to whether damage could be caused which falls within the definition. "A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence" Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted March 5, 2014 Report Share Posted March 5, 2014 In effect they have "stole" your tree. Which the press would love. As for the other stuff I'd go to a decent solicitor and ask there advice. It's a shame there isn't a no win no fee your tree has been stolen specialist. There is ... Injury Lawyers for yew...They have must have a local branch Quote Link to comment Share on other sites More sharing options...
malkiserow Posted March 5, 2014 Report Share Posted March 5, 2014 There is ... Injury Lawyers for yew...They have must have a local branch That is the Cherry on the cake Quote Link to comment Share on other sites More sharing options...
station Posted March 5, 2014 Author Report Share Posted March 5, 2014 (edited) I think the issue has been clouded by the erection of your second fence, be very careful how you describe that fence and mark your boundary before the old fence line disappears and your left with f all to prove where it was I too would be contacting the police, my hope would be someone takes a caution and with that admission lies a much easier small claims route, with the guilt proven! I agree with what you are saying and yes we have plenty of photos from recent to dating back 16 years or more.The boundary line is as straight as a die and some 200 yards in length (not all our land obviously) we just left the original fence in situ and put a decent one up parallel. This is as near as dammit touching the original, but we had to step it around our tree with a slight curve leaving about 2' between it and the original. Update is - No one called around and only 2 guys using a shredder on site today. Got contact number - no reply yet. Local council - wife followed up email with phone call and same story. Update more when more to update ! Thanks again to all. There is ... Injury Lawyers for yew...They have must have a local branch Very good lolThe wife was a little stumped when I read it to her. Edited March 5, 2014 by station Quote Link to comment Share on other sites More sharing options...
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