Thanks Bill
The trees are in an old feloow's back garden and he's getting it in the
neck from his neighbours. Nevertheless I'll contact the LPA, although I
expect them to give the to give us the 6 weeks to think about it response, by
which time we shall be in the nesting season. C'est la vie.
Mark
The Local LPA are unlikely to give Andersonarb@xxxx.com wrote:
In a message dated 24/02/2008 19:44:29 GMT Standard Time,
hillforttreecare@xxxxxxxxxxx.com writes:
Sec of State's (Blue Book 2.3) view is that TPO's may be made to Trees in
hedges or an old Hedge
Yeah, it's a bit of a dilemma innit Mark? Depending on your relationship
with the ruling LA I'd ask them what they think. They're unlikely to TPO
something that is arguably a hedge but I know from bitter experience that you
can
end up in a large can of worms. It doesn't matter how right you are, going to
Court over the matter is unlikely to be a comfortable experience. I'd've
thought that the LA are unlikely to want to prosecute over something that
they
might be forced to condemn under High Hedges Regs....
It all depends on what's going on in the neighbourhood. If this is a
development site issue then it might mean one thing but if it isn't then it
might
not.
I'm of the opinion that you should go with openness and honesty until such a
time as you can reasonably assume the local planning department to be
devious. Most of the time IME they're fairly straightforward, but you will
meet the
occasional pillock in a planning department who is just plain awkward,
seemingly for the sake of it. Same as every other walk of life I s'pose.
I have seen a TPO on a Yew hedge. There was no argument about this; it was a
hedge, regularly clipped, a couple of metres tall and a couple of metres
through. You could see the reasoning; it didn't meet hedgerow regs so what
other
protection could the LA use? Did you need permission to clip it every year?
Jeezers nose. Daft but would you want to be in Court having cut it down? The
Judge will be less familiar with the Blue Book than you and no matter how
right you are you might have got up his nose at some point in the proceedings
so
you'll be found guilty no matter what.
Bill.
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