______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
______________________________________________________________________
I was recently asked to determine the age of a tree that had been felled
in a conservation area to prove that it had been there before the area
was designated. When I questioned this at a later point he backed down
and said that it would still be protected as it was obviously larger
than 75mm at felling. I have always been under the impression that any
tree growing in a conservation area with dia above 75mm is protected.
Nick Burke
Planning Officer - Arboriculture
Environmental Planning,
Development Services
Sheffield City Council,
Howden House
1 Union Street,
Sheffield,
S1 2SH
T: 0114 2734198
F: 0114 2735002
nick.burke2@xxxxxxxxxx.gov.uk
-----Original Message-----
From: Simon Keenan [mailto:simon.keenan@xxxxxxxxx.gov.uk]
Sent: 05 September 2008 09:22
To: UK Tree Care
Subject: RE: Young Conservation Areas
______________________________________________________________________
Have you helped out on 'Ask an Arborist' lately?
http://www.tree-care.info/ask
______________________________________________________________________
I've just had an interesting conversation with a solicitor regarding
trees in conservation areas. He advises that any tree which is planted
or grows after the conservation area was made is not afforded
protection; like in area orders. He bases his opinion on the C D Carter
v Eastbourne BC Lawtel 4/2/2000 and Evans v Waverley BCCA 1995 cases,
both of which relate to TPOs.
I have cited the inclusion of the 75mm exemption in as a reason against
his position but to no avail. Does anyone have an opinion on this?
Cheers
Simon Keenan
Arboricultural Officer
Department of Regeneration - making great places
Asset Management ? Economic Development ? Housing ? Planning ?
Transportation
City of Bradford Metropolitan District Council - Department of
Transport, Design & Planning, Trees Team Floor 3 Jacobs Well Bradford
BD1 5RW
T 01274 434297
F 01274 722840
E simon.keenan@xxxxxxxxx.gov.uk
W www.bradford.gov.uk
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