From: Jeremy Barrell [mailto:Jeremy@xxxxxxxxxxxxxxxx.co.uk]
Sent: 10 January 2005 18:38
To: UK Tree Care
Subject: RE: BS 5837
'My view is that the benefit can be present or future more or less
includes any tree that you want as being worthy of inclusion in a TPO in
principle unless there are good reasons to excluded it. OK, its not
prominent now but it may be when that new road goes in or an existing
OK as a starting point, but not necessarily the full picture. Limited
resources dictate that the majority of LPAs are not able to cast their nets
so widely and a degree of selectivity therefore becomes inevitable. With
reference to my original posting, such selectivity will vary (sometimes
quite significantly) from LPA to LPA and will be dictated by local landscape
character, local politics, availability of resources, development plan
policy and associated supplementary guidance. The point is that different
LPAs apply different thresholds in their TPO selection processes and that
you can't therefore apply an all encompassing 'one size fits all' solution.
'My understanding is that it would not be good practice to put a TPO on a
tree that is likely to be removed at appeal if an immediate application
to remove it was made and refused by the council. I believe that is the
test of whether a tree is suitable for inclusion in a TPO or worthy of
being a material constraint. If it is likely to be removed in the TPO
application and appeal procedure, then it is not suitable or worthy.'
I agree, but consider blue book guidance which advises LPAs in making and
administering TPOs to consider the extent to which trees can be seen by the
general public, the significance of trees in their local surroundings (with
reference to their suitability for the setting and the presence of other
trees) and the likely impact of proposed work on the amenity of the area.
To me, this process describes a 'landscape appraisal' rather than a 'tree
inspection'. Surely, therefore your detailed tree-focussed criteria become
subservient and part of a wider picture.
'That sounds fine in principle but where is this elusive method of
assessment? In the absence of a reliable and agreed method, I am
struggling to see how this can be done.'
The Countryside Agency Landscape Character Assessment Guidance for England
and Scotland 2002 is a good starting point. In addition, many LPAs produce
detailed landscape character assessments of their administrative areas.
'If all the local considerations which you rightly point out say keep the
tree but it has a severe defect, then they all amount to nothing. The
point being, it is the bad points that should be the primary assessment
Absolutely not! Surely only an assessment of the 'bad points' with the 'good
points' will give you the full picture and provide an equitable basis for
balanced decisions and ultimately for sustainable management.
'Sustainable reasons for removal of safety, inconvenience and/or management
the primary assessment criteria. The way it looks and its contribution
to amenity are peripheral in comparison.'
Sorry but I disagree
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