If I recollect correctly...a woodland Order is 'unlikely to be appropriate'
for a garden. Though I've reviewed plenty of areas where the gardens contain
former woodland, and its still clearly woodland, and enforceably describing
a group is a nightmare. Ive designated woodland and I've been prepared to
fight the case if there was an objection...but there wasn't.
It sounds as if the Order was made PDQ so I doubt you'll get far with
complaining about procedures. The Authority are inviting negotiation about
boundaries which is good. They are wrong to suggest you should not object.
You should object and then negotiate boundaries. You can always withdraw
your objection.
In my view, it doesn't matter if parts of a woodland have no trees. They can
still be part of the woodland. Streams, ponds, rides, glades etc.
John Hearne
New Forest District Council
Arboriculturist
Tel : 023 80 285205
8 777 5327 [HPSN OnNet]
Fax : 023 80 285223
john.hearne@xxxxx.gov.uk
-----Original Message-----
From: Mark Carter [mailto:clare@xxxxxxxxxxxxxxxx.fsnet.co.uk]
Sent: 07 December 2004 12:18
To: UK Tree Care
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
Leading small & enthusiastic team you will be responsible for overall
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Three years local government experience & at least a National Diploma in
Arboriculture, or degree in arboriculture or equivalent.
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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
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