Exactly, Jerry
Gilbert Addison | Tree and Countryside Officer |Breckland Council
Office: 01362 656873 Fax: 01362 656297
DDI: 01362 656243 | Mobile: na
Elizabeth House, Walpole Loke, Dereham NR19 1EE
gilbert.addison@xxxxxxxxxx.gov.uk |www.breckland.gov.uk
-----Original Message-----
From: Jerry Ross [mailto:trees@xxxxxxxxxx.co.uk]
Sent: 25 June 2008 08:40
To: UK Tree Care
Subject: Re: Development Site Tree Removals [Scanned]
Edmund Hopkins wrote:
Jerry, I agree almost all of this except the bit about the TO making a
TPO if he is a UKTC subscriber. Apart from anything else I would not
act unilaterally in slapping (as you put it) a TPO on. Its far more
likely a tree of this apparent quality would be negotiated away as
part of the process of getting a good development.
Edmund-
No disrespect at all intended to the noble profession of TO!
And apologies if you feel the verb 'slap' diminishes the majesty of the legal
processes involved.
But if I were a TO and discovered that a tree I regarded as being significant
was threatened with un-negotiated removal, I think I'd probably - 'Place'
shall we say - a TPO on it. Unilaterally if necessary. After all, you can't
negotiate much over an absent tree.
Quoting Jerry Ross <trees@xxxxxxxxxx.co.uk>:
Mark -
Responses so far have been distinctly tree officer biased.
I assume you're a private consultant or contractor, not a TO, so
you're not in a position to slap on a TPO yourself. And, if you want
to keep in with this guy (do you?) you may not want to tell the local
authority of his (possible) intentions.
Of course if the local TO is a UKTC subscriber, the tree probably HAS
got a TPO on it by now. But if not, my understanding is that if yer
man goes and fells the tree, as long as there are no other
constraints (cons area, felling licence, bats, nesting birds etc.
etc. ) he's quite within his legal rights.
But, as you say, if he wades in and fells it he'll screw up any
chance of a satisfactory relationship with the local authority. I'd
expect them to TPO everything remaining and also pick through the
debris of this tree for any signs of disturbed bats or birds' nests
and generally to be as obstructive as they can. Also he'd be likely
to antagonise local residents and stir up a whole raft of objections.
All of which would cause delays and are likely to cost him time and
therefore money.
But not as much as £500k.
I'd advise him against and point out that an objection from a TO is
not the end of the story. (Nor is a TPO come to that) - as you say,
this is early in the negotiations.
But does this tree REALLY prevent economic development of the site?
or does it just mean that he needs to rethink the layout? (Did the
design make any attempt to take this tree into account? Was the
design done before you did your constraints report, I wonder, or was
that an afterthought? ) But whatever happens, if you CAN'T dissuade
him, I suggest you take good care to dissociate yourself from any
action he takes.
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