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RE: TPO plan interpretation

Subject: RE: TPO plan interpretation
From: Mike Turner
Date: Oct 07 2005 09:58:22
______________________________________________________________________
TEP&Arb.Asoc. SEMINAR III & IV of SERIES
LIFE WITHIN & BENEATH THE TREE - 17th&18th Nov., Keele Conference Park.
Dr David Lonsdale, Dr Olaf Ribeiro, Dr Alan Rayner,Dr James Merryweather
WIND LOAD SIMULATION & TREE STATICS
Pollok Park-Glasgow, 1st&2nd Dec. Ashton Court-Bristol, 5th&6th Dec.
Dr Jaroslav Kolarik & Prof Petr Horacek
Bookings & info at http://www.treeworks.co.uk/seminars
______________________________________________________________________
I was always of the understanding that the courts would always assume that if 
the 'intention' was to include the trees then they would be considered to be 
covered by the TPO.  For instance, if the tree owner, or previous owners have 
made applications in the past, then I think there would be sufficient proof 
that the intention was to protect these trees and that the owners understood 
this.  If they are arguing that the trees are outside a line, doesn't this 
indicate that they consider them to be protected?   They are surely arguing 
whether the TPO is legal rather than the fact that they are not protected? 



-----Original Message-----
From: Andrew Needham [mailto:Andrew.Needham@xxxxxxxxxxxxx.gov.uk]
Sent: 06 October 2005 12:03
To: UK Tree Care
Subject: RE: TPO plan interpretation


______________________________________________________________________
TEP&Arb.Asoc. SEMINAR III & IV of SERIES
LIFE WITHIN & BENEATH THE TREE - 17th&18th Nov., Keele Conference Park.
Dr David Lonsdale, Dr Olaf Ribeiro, Dr Alan Rayner,Dr James Merryweather
WIND LOAD SIMULATION & TREE STATICS
Pollok Park-Glasgow, 1st&2nd Dec. Ashton Court-Bristol, 5th&6th Dec.
Dr Jaroslav Kolarik & Prof Petr Horacek
Bookings & info at http://www.treeworks.co.uk/seminars
______________________________________________________________________


" Ron wrote it's the outer edge of the thick line that defines the  
boundary


Ron et al

This is also true of compartment delineation in conventional forestry  
and so quite appropriate for urban forestry

Regards

Adam"

Hi all.

On the same vain as the above, does anybody know of any cases regarding the 
technicalities of TPO boundaries. 
 
Currently pursuing a TPO prosecution and one of the lines of defence is that 
the trees in question were very close to the boundary line of the TPO area 
and as the plan dates back to an OS based 1:2500 1930's plan, ambiguity 
exists regarding if the trees were protected or not, by reference to the 
'Area' boundary. It would therefore be beneficial to cite any past case, (TPO 
prosecutions/ planning enquires etc) which hinged to some extent on the 
position of the tree(s) in relation to a TPO boundary. 
 
The site owner is suggesting that the TPO plan cannot be relied upon to an 
accuracy of 2m because of its age, scale and the dotted boundary line. What 
is the general consensus?
 
Regards 
 
 
 
Andrew Needham
Arboricultural Officer
(01562) 732 548
 
 


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