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Apr 2020
2:25pm, 22 Apr 2020
40,329 posts
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Derby Tup
So the lad I saw painting his wrought iron gate a few minutes ago while I was driving back from the local pharmacy was breaking the law? I *might* have not entirely followed the very shortest way home, because of ‘local traffic issues’ 
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Apr 2020
2:25pm, 22 Apr 2020
8,980 posts
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ITG
Thanks for the update, jda.I expect they are trying to avoid the risk of someone claiming that their (initial) reasonable excuse for going out was to get milk but then not going home for hours.
But it's still not anywhere close to the threshold of "essential" errands. I think if the main purpose is covered by a "reasonable excuse" and you are doing other things en route (without any significant detour or extra time), you're ok. Whether PC Plod will be having a bad hair day or not is another matter.
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Apr 2020
2:29pm, 22 Apr 2020
8,981 posts
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ITG
was he inside the fence, Derby?
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Apr 2020
2:31pm, 22 Apr 2020
40,331 posts
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Derby Tup
He was stood on the pavement outside of the fence
~ goes off to call 999 ~
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Apr 2020
2:32pm, 22 Apr 2020
9,793 posts
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rf_fozzy
And so the mission creep into police state continues.
Someone said that we're not under house arrest. We're now not even allowed out into our gardens (if we're lucky enough to have one).
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Apr 2020
2:34pm, 22 Apr 2020
9,794 posts
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rf_fozzy
And I note that given we likely peaked *before* the lockdown was enacted, and definitely have now, why do they need to make the restrictions tighter?
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Apr 2020
2:38pm, 22 Apr 2020
8,982 posts
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ITG
hmmm... this is also an interesting one for statutory interpretation. Is your garden part of the "place one is living". I would say yes for houses but possibly not if you live in an apartment with a communal garden. It might also differ for owner-occupiers and renters (which would be desperately unfair) because title deeds (owners) will define the property ton include the garden but leases often mention only the actual building.
This is an "absurd result" which might, with an ambitious prosecutor with nothing better to do now there are no drug squads to arrest, mean the court argues that owner-occupiers cannot enjoy their gardens either.
Having said that, this is part of the original regulations and the implication has certainly been that one can enjoy one's garden. I'd argue legitimate expectation. I'd argue lots of things. I'm argumentative like that.
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Apr 2020
2:39pm, 22 Apr 2020
7,145 posts
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jda
"essential" maintenance is ok, but that's a judgment call as to what is essential.
There are arguments either way and I suppose it comes down to style of enforcement and compliance. It looks to me like "doing it on the way to/from an allowable activity" is going to be much less solid ground legally speaking.
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Apr 2020
2:49pm, 22 Apr 2020
12,761 posts
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Ultracat
Surely if the communal garden is large enough for everyone to be well spaced out I cannot see what the problem is.
I have a front garden which basically is a driveway with two cars and a small bit with bushes, in the back it’s a complete walled garden mostly grass where I try to make it nice with flowers, my mental health would suffer if I couldn’t tend to it. Our neighbours are spending hours in their outdoor pool with this unseasonal warm weather. Another neighbours kids play football a lot. They are not mixing with other kids.
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Apr 2020
2:53pm, 22 Apr 2020
40,333 posts
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Derby Tup
I’m pleased I no longer live in Derbyshire
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