I would agree that you would probably not be able to issue an article 5
certificate on the grounds that preventing the felling of two small
trees was in the interests of 'good forestry'. However, in your
original posting you concerns were that future applications requesting
further felling may result in the destruction of an ancient semi-natural
woodland. I would suggest that preventing the felling of an ASNW would
be very much in the interests of good forestry regardless of whether or
not it was under active management. It could be argued that the 'no
interference' approach is a management system.
I would also think that if the requests to fell more trees reached the
level that you fear they could(more than 5 cube per quarter), then it
would be necessary to obtain a felling licence to carry out the work.
If this is the case then the FC would administer this and your LPA would
be a consultee. If the FC refused to issue the felling licence, again
it could be argued that the proposed works were not in the interest of
good forestry and the LPA would have justification for issuing an
article 5.
As far as level monitoring goes, it can some times be useful to see in
which direction the building is moving when trying to establish which,
if any tree is having an influence. This will of course depend on the
layout of the site and the position of any trees.
If the trees are, as has been suggested, of a low amenity value it may
be pragmatic to allow their removal on the grounds that further
investigation to establish if they are indeed the ones having an
influence on the building is unreasonably expensive. It could be
pointed out that the decision has been made with consideration to the
amenity provided by the trees and the affect that there removal would
have on the integrity of the remaining woodland, rather on the grounds
that it has been clearly established that the trees are the ones causing
subsidence.
Gordon.Dewdney@xxxxxxxx.gov.uk 06/06/06 10:19 am >>>
Article 5 s and amenity woodland is a muddy issue - in the interest of
'good
forestry' for a small, private woodland that is not managed/maintained
would
be difficult to corroborate.
The trees are implicated, at least some/one of them. The evidence is
clear
so monitoring is largely unnecessary. The point is how they can
pinpoint it
to a particular group of tree with any idea that it will alleviate the
problem - sure, overall moisture extraction in the general area would
decrease, but local to the foundations? I just find this to be
specious
reasoning!
Gordon Dewdney
Arboriculturalist
Essex County Council
Tel: 01245 435834
Ext: 55834
-----Original Message-----
From: uktc-owner@xxxxxx.tree-care.info
[mailto:uktc-owner@xxxxxx.tree-care.info] On Behalf Of Adam Hollis
Sent: 06 June 2006 07:08
To: UK Tree Care
Subject: Re: Tree Root related subsidence and Woodland TPO's
On 5 Jun 2006, at 22:26, uktc-request@xxxxxx.tree-care.info wrote:
Date: Mon, 05 Jun 2006 12:06:41 +0100
From: "STEPHEN SHIELDS" <STEPHEN.SHIELDS@xxxxxxxxxxx.GOV.UK>
Subject: Re: Tree Root related subsidence and Woodland TPO's
Would accurate level monitoring help to determine which trees were
implicated? If so you could reasonable request this so as ensure
that
only the 'problem trees' were removed.
Alternatively if the order is pre 1999 and you consider the trees
have
an exceptional amenity value or that any decision to refuse consent
to
fell these trees was in the interest of good forestry, then you
could
consider issuing an article 5 certificate, thus removing liability
for
compensation from the Authority.
Gordon.Dewdney@xxxxxxxx.gov.uk 06/05/06 10:51 am >>>
M
Another approach might be to consider the value of the trees/woods.
Would removing the dominant oaks (?) cause an impact wider than their
removal alone?
How would this impact stack up against the cost of underpinning or at
the very least, the cost of level monitoring?
It's harder to argue for more info, if the other parties are just
thinking, "what's the problem" it' s just a couple of trees out of a
few hundred.
However, if you can conceivably arrive at a noteworthy value, others
may be prepared to listen.
Of course, you could quite possibly arrive at a negligible value, if
you have an abundant oak monoculture(?)...
...but then you could rest easier?
Regards
Adam
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