What are the basic duties of a district councilor ?

[modeller]

I posted recently a question concerning a dangerous tree., which is dying overhanging and in danger of falling into my 97 year old neighbour's garden.
It is currently at an angle of 50* degrees.
The problem is the district councillor refuses to even visit him to assess the danger on the basis the tree is in the neighbours garden and therefore a neighbours dispute and outside his remit.
I would have thought a basic duty of a councillor is to his constituents and
in particular to the vulnerable .
What are the duties of a councillor in this case ?

[boxtops]

I agree that this was a councillor's duty to assess - it's on private property, it's not overhanging the street or footpath.

[Buenchico]

The councillor has no statutory duty whatsoever in respect of your problem:
http://www.camlink.or...a_District_Councillor

[vallaw]

Strictly speaking, the councillor is right. He has no duty to intervene and no power to act in any case. Think laterally - does your neighbour have any contact with the council's Adult Services? I would think that, at 97, they should be aware of his existence and a tactful social worker might be able to speak to the right people. It's not your tree by any chance?

[modeller]

Buenchico . I've read your link and it can be interpreted in different ways but the one duty which stands out is
//The primary role of a councillor is to represent their ward and the people who live in it //
I would say by not even calling on the pensioner or getting someone else to , he is not carrying out his 'primary role '.
vallow I had considered contacting Social Services ( Is that the same as Adult Services ?) to see if they can do anything. It may only need a letter from the council to the neighbour , whose tree it is , to get results.
I have told the neighbour that the first bad storm will bring it down but she just says "Oh yes , all right " but doesn't do anything.

[boxtops]

^ correction, I meant to say "this was NOT a councillor's duty"..

[ubasses]

http://www.family-sol...k/dangerous-trees.htm

Have a look at the above it may help.

[vallaw]

Yes it's the same thing. Different councils have different names for their departments.
Perhaps it might be an idea to suggest to the neighbour that she should check her public liability insurance?

[boxtops]

It's not the elderly neighbour's tree though, is it? - modeller doesn't say whose it is, I've read it that it is a third party's tree, but threatening the neighbour's garden.

[vallaw]

I read it that way too. Pretty sure it's a third party,

[modeller]

It is the neighbours' tree , but close to the border. The neighbour is a young woman in her thirties. My friend is a 97 year old man who is frightened to go into the garden especially when it is windy.

The 70 ft high tree has already fallen over 5 feet from the vertical and is now leaning at an angle of 50*degrees.
Depending on how it falls it might not hit his house but it could hit his garage and the central heating oil tank.

Had the tree been in his garden he would have had it removed last year .
I have told the woman neighbour but all she says is " Alright" and smiles .

[bednobs]

is it leaning over into his property? If sove that portion cut down

[modeller]

Good idea but its not just branches its the whole trunk and and at that point that would be 50ft up and at that point half the 2ft thick trunk's width is in both gardens .
So it would require a vertical cut length wise upwards and it still wont stop it crashing down in the next gale. In fact the act of trying to cut it could cause it to fall. See see backwards slash. \ Neighbours Tree
Friends fence i) Tree

[modeller]

to fall. See see backwards slash. \ Neighbours Tree
Friends.................Friends fence i) Tree
Drawing didn't submit correctly. See if this is better.

[modeller]

to fall. See see backwards slash. \ Neighbours Tree
Friends..................Friends fence i) Tree

[themas]

1. In some councils there is more than one councillor for each ward. If that is the case, you could try contacting another councillor. While the councillor does not have a legal duty to get involved it seems very stupid of him/her not to help someone in this situation.

2. If the link ubasses posted is right you should contact the Council & ask them to get the tree inspected.

3. Perhaps a more direct contact with the tree owner might help - such as pointing out her liability for any damage the tree causes if it falls. Could be a good idea for this to be put in writing (& a copy kept) in case something happens & she denies all knowledge of any potential problem. A solicitor's letter may be best, if your neighbour can afford to pay for one.

[modeller]

Thanks everyone I have acted on your suggestions.
The link was excellent I have sent it to the councillors who had said they had no powers to act.