Priddy Circles forum 6 room
Image by vulcan
Priddy Circles

Priddy Circles damage fine appropriate?

close
more_vert
VBB V
VBB Nov 26, 2012 17:26:24
Replying to CARL

CARL wrote:
I had the weekend in Winchester (lovely place) and while there caught the local news.
A chap has just been fined £75,000 for cutting a mature tree down in his garden (which he wasn't allowed to do) in order to give an unobstructed sea view. It was estimated that this would increase the value of his property by £50,000. The council said they did not want him to financially benefit from his actions.
I am in no way saying that the fine was too high but it does make you think that the fine for the Priddy damage was too low?
It offers an interesting comparison. One I presume being that the tree feller fella allegedly had a notice served making him aware the tree mustn't be touched - whereas no-one but no-one serves a notice when anyone buys a house with a henge in the back garden - Avebury for example!

Perhaps that is what should be happening - triggered by land registry or summink!

H Harryshill
Harryshill Nov 26, 2012 17:32:07
Replying to VBB

VBB wrote:
CARL wrote:
I had the weekend in Winchester (lovely place) and while there caught the local news.
A chap has just been fined £75,000 for cutting a mature tree down in his garden (which he wasn't allowed to do) in order to give an unobstructed sea view. It was estimated that this would increase the value of his property by £50,000. The council said they did not want him to financially benefit from his actions.
I am in no way saying that the fine was too high but it does make you think that the fine for the Priddy damage was too low?
It offers an interesting comparison. One I presume being that the tree feller fella allegedly had a notice served making him aware the tree mustn't be touched - whereas no-one but no-one serves a notice when anyone buys a house with a henge in the back garden - Avebury for example!

Perhaps that is what should be happening - triggered by land registry or summink!

It does appear that our rules and regs need some time in the wash..

T thesweetcheat
thesweetcheat Nov 26, 2012 17:46:25
Replying to VBB

VBB wrote:
It offers an interesting comparison. One I presume being that the tree feller fella allegedly had a notice served making him aware the tree mustn't be touched - whereas no-one but no-one serves a notice when anyone buys a house with a henge in the back garden - Avebury for example!

Perhaps that is what should be happening - triggered by land registry or summink!

Existence of ancient monuments on land isn't something the land registry records, but the buyer's solicitor should be carrying out a variety of searches and enquiries before the buyer signs the contract. I guess this is covered by the local authority searches (although I don't know that for sure). To be honest though, the existence of a bloody big famous henge in your garden should be fairly apparent, even to the least diligent of buyers.

Re the amount - assessing fine-levels is a scarily complicated area of law, and you can pretty much guarantee that two judges, faced with the particular reports put to them by the two sides in respect of evidence, mitigation, etc, are never going to come to the same amount in two apparently similar cases. There isn't really a crib-sheet, as such. Perhaps there should be.

J juamei
juamei Nov 26, 2012 17:48:40
Replying to VBB

I was led to believe Mr Penny was clearly informed by his solicitor re the scheduled monument on his land when he bought the property.

Like all websites everywhere, we use cookies.