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RE: Woodland Order, informal hedge with trees

Subject: RE: Woodland Order, informal hedge with trees
From: Vowell Tony \(Rh-CTGC\)
Date: Mar 01 2010 15:27:04
Until such time as the land is designated as development land for housing
via Planning permission [full or outline] the combination of a TPO on the
trees and the default of the Hedgerow Regs will at least stop any
pre-emptive removal. IIRC the Hedgerow Regs 'Blue Book' [actually green]
states that the HR does not protect 'Trees in a Hedgerow' arguing that the
TPO legislation is there for that purpose - which I suppose gives one the
clear option to do so.

I would agree that this is an example where an Area Order is a proper tool
on those long lengths, or a group order for shorter or more discrete
elements, rather than a woodland order.

I recently used an Area Order on about a km of trees forming the boundary
between two landholdings and although I suppose I could go back and plot
every one of the many trees to get that all important group order, I don't
think I will. The Area Order does the job just as well, and since one
landowner is dead keen on keeping all the trees then it will be policed too.

In the scenario Ian has alluded to, several area orders should and can do
the job, better still if they can be backed up by a policy document of some
sort.

-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 01 March 2010 14:32
To: UK Tree Care
Subject: RE: Woodland Order, informal hedge with trees

That's a good point!

-----Original Message-----
From: Addison, Gilbert [mailto:gilbert.addison@xxxxxxx.co.uk]
Sent: 01 March 2010 13:22
To: UK Tree Care
Subject: RE: Woodland Order, informal hedge with trees

Once planning consent has changed the land use from
agricultural to residential/commercial the hedgerow would be
outside the scope of the current regulations and a HRN would
not apply.


Regards

Gilbert Addison
Title: Tree & Countryside Officer
Breckland Council
working in partnership with
CAPITA SYMONDS
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DDI: 01362 656243
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-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 01 March 2010 13:01
To: UK Tree Care
Subject: RE: Woodland Order, informal hedge with trees

Ian,

You can and I have used the group designation to include
understorey trees such as Hawthorn and Hazel, otherwise this
might be a valid use of an area order to offer temporary
protection. I think a Woodland Order is pushing the
interpretation a bit too far and is not actually appropriate
as you would have to accept the management of that as a
woodland which could well involve removal of understorey.
However, I often take the view that if you protect the trees
then it also puts the understorey out of the picture from a
development perspective. Otherwise you will have to use a 97
Hedgerow retention Order ...

Ron.

-----Original Message-----
From: Ian Brewster [mailto:Ian.Brewster@xxxxx.gov.uk]
Sent: 01 March 2010 12:08
To: UK Tree Care
Subject: Woodland Order, informal hedge with trees


We're about to embark upon the preservation of trees within the
unspoilt landscape of our beautiful countryside (under threat of
development).
Most of the vegetative features are linear and consist of
broad hedges
with trees.

Rather than protect trees as Groups would any of you consider
protecting this fragile habitat, including under scrub layer,
blackthorn, Hawthorn etc; and character with a Woodland
Order. Does a
Woodland Order have to be a certain width i.e.
at least two trees deep or 5 or more trees in number? Is it down to
individual Officer to justify his decision? The Planning Officers
would need to be convinced that this approach is acceptable before
such an order is confirmed.

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