______________________________________________________________________
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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