On not being arrested
Nov. 2nd, 2009 12:31 pmOur neighbour at number 1, Roy, has been in dispute with the council for about 2 years over the position of some trees he planted. For those of you who have never been to this particular hotbed of crime see the photograph below.

This shows the view from a side road across a piece of open ground to a boundary wall that encloses gardens for numbers 1 to 4 Tithe Barn. The offending trees were in a line from the telegraph poles to the edge of the wall just to the left of the white car. These, along with a Russian vine and lavender plants (these spread from the telegraph pole towards the silver coloured tree) were deemed to be blocking the view of any driver coming out of the side road (about where I took the photograph from) and turning left. Roy had planted up the area to try to stop dogs using it as a convenient toilet.
The dispute started with the council claiming they owned that patch of ground. Roy's deeds that came when he purchased the house show that part as being part of the property so he challenged the council over the ownership. They told him that his deeds were out of date so he requested an up to date copy and queried the land registry. Nothing was forthcoming until the council demanded again that he remove the trees. This time they claimed that they owned the top soil and he owned the subsoil, about 30cms down. Again Roy asked for the documentary proof that they owned the top part and again there was no evidence provided.
The council then threatened to take him to court so he called their bluff and agreed to go to court at which point they backed down and suggested arbitration. The problem with this was that they would appoint the arbitrator and Roy had to stump up £250 (non-returnable) and he could be liable for costs if he lost. His counter proposal of a truly independent arbitrator or even someone from the parish council were rejected.
The council wrote more threatening letters so Roy asked for the regulations that defined why the trees and lavender were a problem. Amazingly these were sent along with the council's calculations. The line of site from a point at the centre of the side road, 4.5m back form the junction should extend out to 55m along the road (I may have misremembered this figure). There must be no obstruction to the view from 2 feet above the ground and 6 feet. He checked heir calculations (he's a maths graduate and lectured in the subject) and found that whoever did the calculations for the council must be accomplished in the new syllabus mathematics because they got it wrong. He duly corrected the calculations and sent them back. These were rejected. He then showed that using the guidelines correctly that the trees were not causing a problem but that the boundary wall was the limiting obstruction and that the telegraph pole was a major obstacle. His suggestion that they move the telegraph pole fell on deaf ears. Roy checked just about every side turning within the village and none of them meet this requirement.
Eventually the council wrote to him and said that they were removing the trees anyway and that it would happen on November 2nd.
So today a workman turned up in a 4x4 and a woman from the council arrived in a car. Roy had made a token protest by parking his two cars on the road adjacent to the disputed trees - the red Rover in the photo is his - and he had put all his plastic garden chairs over the lavender and weighed them down with rocks. So the scene was set for a confrontation.
The workman started removing the trees using a spade and a mattock and the council woman tried to fend off the complaints but because there were too many people taking an interest she called the police. They turned up and questioned the various parties and calmed things down. It was only when they were hear that the new reason for he lavender having to go was given to us - it was now a trip hazard. Few parts of the plants had been over 2 feet high anyway. Meanwhile two other council employees turned up in separate vehicles.
In the end the police wandered off and the plant removals finished. The council have been generous however in that they have wrapped each tree's root ball up in damp rags so that they can be replanted. All lavender bushes have been placed to one side so that they can be replanted. Remember I mentioned a mattock? Each tree was taken up by being prised out of the ground so the root system remaining is pretty minimal and hey aren't likely to survive.

This view is from slightly further out and the carefully wrapped plants are just to the left of the silver tree. So it's cost the council 2 years of correspondence, 1 grunt, 1 jobsworth and 2 others, which we reckon amounts to something over £2000. Roy said that if they'd offered him £200 cash he'd have done it for them ages ago.
This shows the view from a side road across a piece of open ground to a boundary wall that encloses gardens for numbers 1 to 4 Tithe Barn. The offending trees were in a line from the telegraph poles to the edge of the wall just to the left of the white car. These, along with a Russian vine and lavender plants (these spread from the telegraph pole towards the silver coloured tree) were deemed to be blocking the view of any driver coming out of the side road (about where I took the photograph from) and turning left. Roy had planted up the area to try to stop dogs using it as a convenient toilet.
The dispute started with the council claiming they owned that patch of ground. Roy's deeds that came when he purchased the house show that part as being part of the property so he challenged the council over the ownership. They told him that his deeds were out of date so he requested an up to date copy and queried the land registry. Nothing was forthcoming until the council demanded again that he remove the trees. This time they claimed that they owned the top soil and he owned the subsoil, about 30cms down. Again Roy asked for the documentary proof that they owned the top part and again there was no evidence provided.
The council then threatened to take him to court so he called their bluff and agreed to go to court at which point they backed down and suggested arbitration. The problem with this was that they would appoint the arbitrator and Roy had to stump up £250 (non-returnable) and he could be liable for costs if he lost. His counter proposal of a truly independent arbitrator or even someone from the parish council were rejected.
The council wrote more threatening letters so Roy asked for the regulations that defined why the trees and lavender were a problem. Amazingly these were sent along with the council's calculations. The line of site from a point at the centre of the side road, 4.5m back form the junction should extend out to 55m along the road (I may have misremembered this figure). There must be no obstruction to the view from 2 feet above the ground and 6 feet. He checked heir calculations (he's a maths graduate and lectured in the subject) and found that whoever did the calculations for the council must be accomplished in the new syllabus mathematics because they got it wrong. He duly corrected the calculations and sent them back. These were rejected. He then showed that using the guidelines correctly that the trees were not causing a problem but that the boundary wall was the limiting obstruction and that the telegraph pole was a major obstacle. His suggestion that they move the telegraph pole fell on deaf ears. Roy checked just about every side turning within the village and none of them meet this requirement.
Eventually the council wrote to him and said that they were removing the trees anyway and that it would happen on November 2nd.
So today a workman turned up in a 4x4 and a woman from the council arrived in a car. Roy had made a token protest by parking his two cars on the road adjacent to the disputed trees - the red Rover in the photo is his - and he had put all his plastic garden chairs over the lavender and weighed them down with rocks. So the scene was set for a confrontation.
The workman started removing the trees using a spade and a mattock and the council woman tried to fend off the complaints but because there were too many people taking an interest she called the police. They turned up and questioned the various parties and calmed things down. It was only when they were hear that the new reason for he lavender having to go was given to us - it was now a trip hazard. Few parts of the plants had been over 2 feet high anyway. Meanwhile two other council employees turned up in separate vehicles.
In the end the police wandered off and the plant removals finished. The council have been generous however in that they have wrapped each tree's root ball up in damp rags so that they can be replanted. All lavender bushes have been placed to one side so that they can be replanted. Remember I mentioned a mattock? Each tree was taken up by being prised out of the ground so the root system remaining is pretty minimal and hey aren't likely to survive.
This view is from slightly further out and the carefully wrapped plants are just to the left of the silver tree. So it's cost the council 2 years of correspondence, 1 grunt, 1 jobsworth and 2 others, which we reckon amounts to something over £2000. Roy said that if they'd offered him £200 cash he'd have done it for them ages ago.