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Out of control Leilandii

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  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    gk5000 wrote: »
    Mayo CoCo are unquestionable acting illegally. They are making up rules and regulations which they are not entitled to do.
    The SI is very clear that a declaration is sufficient. Many things may suit or save the council but may not suit or save the citizens whom they serve. - The Dail has stated the legal position.

    I think Mayo farmers would not be bound by this illegal activity by the council and should instead burn at will.

    The council are perfectly entitled in this case to enact a bye law.


  • Registered Users Posts: 856 ✭✭✭gk5000


    The council are perfectly entitled in this case to enact a bye law.
    Maybe, but they have not, or have not quoted it.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    gk5000 wrote: »
    Mayo CoCo are unquestionable acting illegally.
    'illegal' implies they are doing something specifically forbidden by law. is there a law which states they cannot ask what they are asking for?
    there's a difference between them asking for evidence over and above the minimum prescribed by law, and them actually breaking the law itself.

    i think you're confusing them asking for information which is not prescribed by the law, and them acting illegally.


  • Registered Users Posts: 8,104 ✭✭✭Oldtree


    gk5000 wrote: »
    I think Mayo farmers would not be bound by this illegal activity by the council and should instead burn at will.

    Oh dear oh dear. Are you the one from kerry without the hat?

    17943259_DannyHealyRae640.jpg


  • Registered Users Posts: 856 ✭✭✭gk5000


    'illegal' implies they are doing something specifically forbidden by law. is there a law which states they cannot ask what they are asking for?
    there's a difference between them asking for evidence over and above the minimum prescribed by law, and them actually breaking the law itself.

    i think you're confusing them asking for information which is not prescribed by the law, and them acting illegally.
    Just because you may agree with the council does not make it right or legal. There are many who disagree, which is why laws are very specific.
    The Dail has prescribed what is legal and anything beyond that is not legal or in other words illegal.

    Even a guard could not demand photos or evidence from you without a warrant or court order. The same laws which protect you from excessive or arbitrary police power and intrusion also protect you from the whims of the council. It is simply illegal.

    Back on topic - has anybody any experience of hired stump grinders?


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  • Registered Users Posts: 180 ✭✭Flipperdipper


    Can someone explain to me why it is illegal to burn timber (branches) outside but no problem if I cut them smaller and bring them inside and burn them in the fire. Do they magically transform into something else the moment I carry them over the threshold?


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Can someone explain to me why it is illegal to burn timber (branches) outside but no problem if I cut them smaller and bring them inside and burn them in the fire. Do they magically transform into something else the moment I carry them over the threshold?

    The argument used is that the high chimney expels the pollutants higher for better dispersal and the volume in a single burn is less in a fireplace.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    gk5000 wrote: »
    The Dail has prescribed what is legal and anything beyond that is not legal or in other words illegal.
    eh... no.
    generally, the law prescribes what is *illegal*.
    any law which had to list what is legal would be a very, very, very long piece of text.
    if i (random example) high fived a friend earlier, what would make that legal is that there is no law saying it is illegal, rather than there being a law saying it is legal.


  • Hosted Moderators Posts: 18,115 ✭✭✭✭ShiverinEskimo


    Stoves and fireplaces burn much much hotter than an outdoor fire. Much more of the gases and pollutants get burned reducing the amount of hydrocarbons given off.

    This is particularly so in a stove and almost completely so in a gasification boiler set up.

    Also, leaves aren't burned in a stove but usually are outside. Greenery gives off much blacker, carbon-filled smoke compared to dry wood.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    The argument used is that the high chimney expels the pollutants higher for better dispersal and the volume in a single burn is less in a fireplace.
    may not be a regulatory issue, but for a small burn, a fireplace is a more efficient - i.e. hotter - way of burning things, thus resulting in a much cleaner burn.


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  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    The argument used is that the high chimney expels the pollutants higher for better dispersal and the volume in a single burn is less in a fireplace.
    Eh.. No. The chimney of a cottage could easily be lower than a bonfire on a high bank behind it.

    This is actually the legal miracle of transubstantiation. When you carry sticks and branches across the threshold, they transubstantiate from being "vegetative waste" to being "domestic fuel".
    So, although the substance of the material remains unchanged in a purely physical sense, it is utterly transformed in an existentialist sense.

    Hope that helps....... :)


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    recedite wrote: »
    Eh.. No. The chimney of a cottage could easily be lower than a bonfire on a high bank behind it.

    This is actually the legal miracle of transubstantiation. When you carry sticks and branches across the threshold, they transubstantiate from being "vegetative waste" to being "domestic fuel".
    So, although the substance of the material remains unchanged in a purely physical sense, it is utterly transformed in an existentialist sense.

    Hope that helps....... :)

    And eh..no back to you. I said the reason given. Not what is actual. Just as easily, the fire site could be in a hollow and the house two stories high on a hill. Let's get real here.


  • Registered Users Posts: 856 ✭✭✭gk5000


    eh... no.
    generally, the law prescribes what is *illegal*.
    any law which had to list what is legal would be a very, very, very long piece of text.
    if i (random example) high fived a friend earlier, what would make that legal is that there is no law saying it is illegal, rather than there being a law saying it is legal.

    In this case the law states what the council may request - and that does not include photos or evidence -merely a declaraion.
    The council are a statuary body and are bound by rules and laws to protect the citizens even if some appear to not realise it. Read the rest of what I wrote above.

    "Even a guard could not demand photos or evidence from you without a warrant or court order. The same laws which protect you from excessive or arbitrary police power and intrusion also protect you from the whims of the council. It is simply illegal."

    Edit to add - Please read the actual law before commenting - its quoted above but here it is again. http://www.irishstatutebook.ie/eli/2009/si/286/made/en/print


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    gk5000 wrote: »
    In this case the law states what the council may request - and that does not include photos or evidence -merely a declaraion.
    Read the rest of what I stated above. The council are a statuary body and are bound by rules and laws to protect the citizens even if some appear to not realise it. Read the rest of what I wrote above.

    "Even a guard could not demand photos or evidence from you without a warrant or court order. The same laws which protect you from excessive or arbitrary police power and intrusion also protect you from the whims of the council. It is simply illegal."

    What relevance has any of this to gardening? The only derogation to burning waste applies to agriculture and even then excludes a farmer's garden waste.


  • Registered Users Posts: 856 ✭✭✭gk5000


    What relevance has any of this to gardening? The only derogation to burning waste applies to agriculture and even then excludes a farmer's garden waste.
    Because someone jumped down my throat for stating I burned the branches.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    gk5000 wrote: »
    Because someone jumped down my throat for stating I burned the branches.

    And were they agricultural waste? If they were then fine once notice was given. But illegal if from your garden.

    The lelandii in question were domestic garden waste.


  • Registered Users Posts: 856 ✭✭✭gk5000


    And were they agricultural waste? If they were then fine once notice was given. But illegal if from your garden.

    The lelandii in question were domestic garden waste.
    Yes an agricultural shelter belt gone overboard.


  • Registered Users Posts: 8,104 ✭✭✭Oldtree


    gk5000 wrote: »
    I have recently done a few 30 year old 30+feet tall, taking a full day each to cut down, cutup and store and burn the smaller branches ( in country so legal).

    It would be paranoid to think anyone jumped down your throat about your above reply. We now know your reply was not clear as it had no mention of agricultural waste, nor of an application to the councl to burn said agricultural waste. Your reply did impy burning green waste in a garden given the context of the thread. Clarification on such a remark is not a bad idea on an open gardening forum.

    ps did you get a felling licence? as its illegal to fell a tree over 10 years old thats over 100 feet from a dwelling.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    gk5000 wrote: »
    Yes an agricultural shelter belt gone overboard.

    Why did you not say so?. We were discussing a Gardening issue.


  • Registered Users Posts: 856 ✭✭✭gk5000


    Why did you not say so?. We were discussing a Gardening issue.
    We were discussing "Out of control Leilandii" as per the title, and how to deal with them. You may or may not stop the pettiness - it's up to you, and that other....

    Edit to add: It's an agricultural shelter belt between a house and a farm (not uncommon) - are all the little nit-pickers happy?

    Meanwhile, I would be delighted to hear of anyone's experience of a rented stump grinder.


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  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    All I know is that hired stump grinders are usually not as substantial as those used by professionals, take longer to do the job and can be blunt or badly cared for. But they work.


  • Site Banned Posts: 24 Late Choc


    My one acre garden is totally surrounded by 30yr old unmanaged Golden Leilandii.

    One positive is good privacy, however there are lots of negatives like moss growing heavily on and around the house, the house is too shaded in winter making it cooker and damp.

    I'm handy with a chainsaw so I'm planning on taking them down one by one, making firewood and possibly renting a chipper for the branches.

    I'll try and upload a few photos soon just to show you the massive scale of the job. I reckon I'll work slowly take my time and may take me a year :)

    Last year I priced the job of removal and chipping and I was quoted €10,000!!!!

    Someone subjected I buy a 2nd hand chipper for the duration of the job and then sell it on after I'm complete.

    If you're in an isolated are you could spray with petrol and set a fire that would remove a lot of them


  • Registered Users Posts: 8,104 ✭✭✭Oldtree


    gk5000 wrote: »
    We were discussing "Out of control Leilandii" as per the title, and how to deal with them. You may or may not stop the pettiness - it's up to you, and that other....

    Edit to add: It's an agricultural shelter belt between a house and a farm (not uncommon) - are all the little nit-pickers happy?

    We are discussing Out of control Leylandi as you correctly noticed in the title and in a garden setting as per the op's first post. No one mentioned anything about an agricultural shelterbelt, until you got your thumb stuck in your bum ;):D. An agricultural shelterbelt is a completely different animal to leylandi in a garden setting, and probably better discussed over in the Farming/Forestry forum.


  • Registered Users Posts: 856 ✭✭✭gk5000


    Oldtree wrote: »
    We are discussing Out of control Leylandi as you correctly noticed in the title and in a garden setting as per the op's first post. No one mentioned anything about an agricultural shelterbelt, until you got your thumb stuck in your bum ;):D. An agricultural shelterbelt is a completely different animal to leylandi in a garden setting, and probably better discussed over in the Farming/Forestry forum.
    A tree is tree - a leylandi is a leylandi - I give up -I shall ignore you on all forums - life is too short.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,529 CMod ✭✭✭✭magicbastarder


    Are you saying Leylandii are not trees?


  • Registered Users Posts: 8,104 ✭✭✭Oldtree


    gk5000 wrote: »
    A tree is tree - a leylandi is a leylandi - I give up -I shall ignore you on all forums - life is too short.

    :D



  • Registered Users Posts: 856 ✭✭✭gk5000


    Are you saying Leylandii are not trees?
    No,of course not.
    A leylandi in a garden presents similar issues to one planted between a house and a farm - both probably planted for fast growing shelter and privacy.


  • Closed Accounts Posts: 556 ✭✭✭ligertigon


    Whats the difference between felling a tree and pruning a tree?


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    ligertigon wrote: »
    Whats the difference between felling a tree and pruning a tree?

    Felling is taking it down. Pruning is trimming it back.


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  • Closed Accounts Posts: 556 ✭✭✭ligertigon


    Felling is taking it down. Pruning is trimming it back.

    So you can prune a 40' tree to 5' without felling?

    BTW not being a smart arse


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