'Why should it be anything to do with A what B does in his garden? If B has
decided he doesn't like two Lime trees and he'd rather do something else
with the bottom of his garden then surely that's his right?
If it was a front garden and they were a major feature in the "Street Scene"
or part of the woodland then presumably they'd have been included on the
Order. If I were B I'd be telling A to go and grow his own trees. Bill'
I think it was a point of law Bill rather than what the owner does with his
trees. Nb
'FWIW I'd suggest that getting a new order served was always preferable, for
the avoidance of doubt..... At the start of this thread Nick was describing
a confusing scenario. IMO if Nick (who's just spent a couple or so years
working with TPOs) is confused by a situation relating to TPOs it's time to
do a new one.
Bill.'
It could be that a new order is needed. I think the original should be
revoked if only because it is an unclear order having a schedule 1 stating
T1, G1, W1 etc and a map that shows an area order. Although this then brings
up the 'is it modified argument'. IMO yes it is, assuming it was set up as
an area order from the map by changing the order to single trees, groups and
woodlands it becomes completely different. And if you have the time to map
the area for the trees that are significant why not leave it till the survey
is done. And then get the original order revoked. Im sat here with two
different maps showing what is protected. The works I have to set up are
affected by this. If it is an area order I have to apply for everything not
covered by DDD etc if it is the second map I only need to apply for certain
works. And the second order hopefully has been updated to show removal but
if it hasn't then this as well will need to be looked at.
Nick Burke
Arboriculturist MSc, BSc, MArborA
Suburban Studios
nick@xxxxxxxxxxxxxxxx.co.uk
020 8654 2310
020 8654 3241
www.suburbanstudios.co.uk
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