Hi Mark. Hope all is well with you there on the Isle.
I don't have any answers for your questions, but have a question of my own.
Where would I look for the definition of "woodland" in the context you
describe.
The Blue Book? The 1999 regs? The Act?
Scott Cullen
----- Original Message -----
From: "Mark Carter" <clare@xxxxxxxxxxxxxxxx.fsnet.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Tuesday, December 07, 2004 7:18 AM
Subject: Woodland Order boundary
Morning all,
A client of mine has recently had a Woodland Order served on his land and he
wishes to object to its confirmation. Having read the paper work from the
LPA, it appears that no site visit has taken place prior to the order being
drawn up and that the boundary of the order was se after viewing aerial
photographs. As a result the Order contains an area of open ground and my
client's entire garden. I intend to object on the grounds that recommended
procedures were not followed, the Order is inappropriate to large areas
contained within the boundary or at least that the boundary is in the wrong
place (there is woodland on site but not on the whole site). However, in a
separate paragraph in the TPO covering letter, my client is asked to make
suggestions as to boundary alterations direct to the LPA and not to object
to the boundary at the confirmation hearing. The letter then goes on to say
that the boundary can always be moved after confirmation. My questions are
these;
Is the changing of the boundary something that should be brought up as a
formal objection? I certainly think so.
After confirmation, can the boundary position will be moved by any other
process than a formal variation? I certainly don't think so, my client
would be entirely reliant on the goodwill and resources of the LPA for this
to happen.
Surely an Area Order followed by a site visit would have been more
appropriate?
My advice to my client so far has been to object on the two points mentioned
above and not to rely on a promise to move the boundary after confirmation.
Any thoughts?
Mark Carter.
______________________________________________________________________
TREE SERVICES MANAGER - £24,648-£26,702 plus Essential User Car Allowance
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Three years local government experience & at least a National Diploma in
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Closing date: 31 December 2004 Interview date: 17 January 2005
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______________________________________________________________________
TREE SERVICES MANAGER - £24,648-£26,702 plus Essential User Car Allowance
Leading small & enthusiastic team you will be responsible for overall
management of trees, planning issues & Tree Preservation Orders.
Three years local government experience & at least a National Diploma in
Arboriculture, or degree in arboriculture or equivalent.
Application form & further details can be found on www.eastleigh.gov.uk
Closing date: 31 December 2004 Interview date: 17 January 2005
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