On Mon, 3 Jan 2005 Paul Durkan <pdurkan@xxxxxx.co.uk> wrote
I don't think the Tree Preservation Order system works very well; fine
trees get felled because local authorities lack resources; a lot of
time and money gets spent on tortuous and tedious arguments about
whether or not trees are/were protected at certain points in time. I
could go on.
As an excellent alternative, I propose scrapping all TPOs, and amending
the Conservation Area legislation to cover the entire country
(including her majesty's estates), thereby protecting all UK trees
over, erm, is it 15cm girth (I'm afraid I can't remember).
75mm diameter actually
Does anyone agree with me?
Not me. Given your valid observation that LPAs lack resources, have you
considered the phenomenal resource implications of having the LPA have
to consider every single tree work proposal?
There are Human Rights Act implications too. TPO legislation, indeed
planning legislation in general, interferes with the individual's
property rights. In terms of human rights this needs to be justified in
terms of benefit to the wider community. The existing requirement that a
TPO is expedient in the interest of amenity does a far bit to meet this
requirement.
Besides, 'amending the conservation area legislation' is nowhere near as
easy as you seem to imagine. Trees form only a minor part of this
legislation and the protection of trees within areas that are usually
designated for their architectural or historical significance is a bit
of kludge, based on the assumption that such areas probably contain the
most important urban trees.
Changes to the TPO system may well be useful, but I don't think such a
simplistic approach has much merit. But you might want to have a look at
a thread started by Jeremy Barrell on a similar vein a while back. Start
of with <http://lists.tree-care.info/uktc/archive/2003/msg04717.php> and
go from there.
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Chris Hastie
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