UKTC Archive

Fw: Proper Guidance

Subject: Fw: Proper Guidance
From: Vic Morgan
Date: Feb 01 2001 20:01:47
If I remember my last reading of the change in Regs, the client has a duty
to inform the FC if there is a TPO in force when applying for a felling
licence. If not declared, the TPO appears to remain in force regardless of
any felling licence. If the client doesn't exceed the quantity of timber
requiring a felling licence then the FC wouldn't be involved, leaving any
TPO requirements unaffected. I also seem to remember that FC publications do
refer to the need to satisfy any TPO's, but it's worth checking.
As far as 'dubious' woodland management is concerned, a recorded delivery
letter to the landowner would surely leave them in no doubt as to their
legal obligations, (and be taken seriously by any Court it later appeared
in).
No doubt the professionals will correct me if I'm wrong.
        Vic Morgan

----- Original Message -----
From: Jane Westover <westover@xxxxxxxxxx.freeserve.co.uk>
To: UK Tree Care <uktc@xxxxxxxxx.co.uk>
Sent: Wednesday, January 31, 2001 10:06 PM
Subject: Re: Proper Guidance



    As a newcomer to the Net,I'm about to lose my chat-room-virginity, so
forgive me for any social gaffs.

    This business of Forestry Commission and TPO's gets more worrying by
the
day, particularly when a respected journal like British Wildlife gets it
so
wrong.

    In August 1999, when the new Tree Regs came into force, a procedural
change was slipped in, which meant that the Forestry Commission deal with
all WGS and Felling Licence Applications for trees and woodlands covered
by
TPO's, in consultation with the local authorities. Well  and good, it
saves
us the administrative hassle, but ensures that we still have a say if we
wish.

    However, what happens if the scheme goes wrong. The enforceability of
a
WGS remains doubtful, as far as I know, but can the local authority
enforce
the TPO, if a WGS contract is in place? I am watching one woodland in
Essex
at present, with a certain amount of concern.

    Also, supposing an owner/contractor wishes to fell unlicensable
timber,
or a small volume of licensable timber. He doesn't need a felling licence,
and may not apply for a WGS. Are the Forestry Commission going to remind
him
that he needs TPO consent (if one is in force)?

    I have raised these issues with my Conservancy, with whom I get on
very
well, but as yet have received only rather evasive answers.

                                                            Stephen
Westover
----- Original Message -----
From: "Chris Hastie" <c.hastie@xxxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxxxxx.co.uk>
Sent: Tuesday, January 30, 2001 2:42 PM
Subject: Re: Proper Guidance


On Tue, 30 Jan 2001 Ian MAY <imay@xxxxxxxxx.gov.uk> wrote
The following news item has been brought to my attention.
It can be found on p 446 of British Wildlife vol 11 number 6, August
2000.

August 2000? You mean they had a whole year to study the new regs and
still got it hopelessly wrong?

Funnily enough I came across a press release from a district council in
Warwickshire yesterday that also managed to give some rather misleading
advice about the changes re fruit trees. Just goes to show you should
never believe anything you read in the papers.

--
Chris Hastie

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