A couple of points
I would certainly advise you to raise the issue of the boundary as a formal
objection. Woodland orders are 'unlikely to be appropriate for gardens' and
the woodland boundary 'should be plotted as accurately as possible using any
natural features'. Firstly you may consider that it would be somewhat
onerous to make a TPO application every time your client wished to mow the
lawn and may be cutting down a few ash or sycamore seedlings, secondly does
the visual amenity arise from the fact that there is a functional woodland on
the site or from the fact that there are a few groups of trees there? If it
is the latter then the order should be a group order allowing the trees to be
managed as a group or groups. Under a woodland order it could be quite
appropriate to fell all the trees within the garden as part of a woodland
management program, this is unlikely to arise as part of group management.
Is this a case of someone using a woodland as a garden or of the LA not
having the resources to properly survey the site and schedule the individual
trees or groups of trees? Further consider would the FC pay a WIG on the
site? if not why not? is it because it isn't a woodland?
The use of area orders is no longer encouraged as they are somewhat clumsy
and difficult to enforce.
If the order is confirmed then it would require a formal variation to alter
the boundary.
Steve
clare@xxxxxxxxxxxxxxxx.fsnet.co.uk 12/07/04 12:18pm >>>
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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______________________________________________________________________
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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