UKTC Archive

RE: Variation Orders - Renumbering of Trees

Subject: RE: Variation Orders - Renumbering of Trees
From: Lee Wright
Date: Dec 15 2008 12:43:40
Thanks Chris

-----Original Message-----
From: Chris Hastie [mailto:Chris.Hastie@xxxxxxxxxx.gov.uk] 
Sent: 15 December 2008 12:41
To: UK Tree Care
Subject: RE: Variation Orders - Renumbering of Trees


Reply interwoven with original for context.
On 15 December 2008 12:09, Lee Wright wrote:

Simon

The order is 40 years old!!!
Just a little in need of review!

Lee

In that case, revoke and re-serve. Pre-1975 orders do not prohibit
wilful damage or uprooting. The compensation arrangements are complex
and involve you potentially being liable for the cost of an appellant
mounting an appeal even if the appeal is dismissed. Get a nice shiny new
up to date order in place.

Besides, there is a potential added 'gotcha' that you would need legal
advice on. Schedule 1 para 13(2) of the T&CPA restricts the ability to
vary to the authority originally making the order. Here, at least, this
authority didn't exist 40 years ago. It may be that in inheriting the
functions of our predecessors we inherited the power to vary, but
frankly it's not worth the risk. Just revoke and re serve.

-- 
Chris Hastie
Strategy Officer (Arboriculture)
Warwick District Council

Looking for a tree surgeon? Visit
http://www.warwickdc.gov.uk/cya

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