UKTC Archive

Re: Felling licence

Subject: Re: Felling licence
From: alison parish
Date: Dec 27 2007 22:36:19
I used this particular case a couple of weeks ago as part of my arguement to object to a Woodland TPO being placed on a garden (attached to a house etc etc) but the TPO was confirmed by the Cllrs.
Where does our Client go from here? Any advice appreciated.
Seasons Greetngs to all, and thanks for teaching me so much over the past few months!
Alison

----- Original Message ----- From: "Hare, Gareth" <gareth.hare@xxxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Thursday, December 27, 2007 4:42 PM
Subject: RE: Felling licence





Trees in gardens ARE exempted. As are those growing in orchards,
churchyards or public open spaces
I enquired about this a few weeks ago and was given to understand that
there's no legal definition but that (rather like a tree) a garden is
what a reasonable person would ordinarily regard as a garden... Which is
pretty much reinforced in Mynors where, in section 14.2.3, he
quotes one Latham L.J. as saying (with reference to in McInerney V
Portland Port Ltd, 2001):
"The ordinary meaning of the word "garden", it seems to me, is
accurately reflected in the definition of a garden given in the OED,
namely "an enclosed piece of ground devoted to the cultivation of
flowers, fruit or vegetables." The definition may be said to be
deficient in detail, in that one can readily accept that an enclosed
area which is mainly or perhaps entirely filled with a lawn might be
considered to be a garden. Equally there may well be circumstances in
which an area which is wild in its nature is nonetheless, by reason of
the use that is made of it, clearly intended as a garden" Mynors goes on
to say that the words "adjoining a house" may be relevant
and might need to be added to the OED definition. He also states that
what needs to be considered is its primary state at the time in question

- i.e that its historical use or function would be a secondary
consideration.  So in the case of trees in a garden or an orchard
purchased for redevelopment, a licence may not be needed if the trees
are felled soon after purchase (while it clearly retains its former
character), but would be if it's allowed to revert to scrub...




Thanks Jerry (and Chris earlier) for your responses. These have helped.
The situation has been resolved to some extent by a TPO being served but
the thorny matter of whether the F.C will consider the extent of the
works carried out to require a felling licence remains to be seen.

Have a good New Year guys

Gareth



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The UKTC is supported by The Arbor Centre
http://www.arborcentre.co.uk/