UKTC Archive

RE: Basis for TPO's

Subject: RE: Basis for TPO's
From: Charles Bennett
Date: Dec 22 2011 09:37:18
Hi Paul

I think TO's should consider everything. How do they do this is always going 
to be a point of argument. Amenity is not just visual, but all the benefits 
that arise from the tree, and expediency could be future, e.g. change  in 
ownership. The TO could also use the LA's Tree Strategy, Green Infrastructure 
Strategy, Corporate Priorities, and landscape character to add weight to the 
argument. Political and local resident pressure may also have some bearing.

At the end of it all as Gilbert says it's all about having a system in place 
that shows what you have considered, how you have balanced the competing 
interests, and so how you came to a decision. And being open and transparent 
about it.

If you want to overturn a TPO the first stage would be an objection at the 
time it was made, and go and have your say at the Committee that decides 
whether to confirm the TPO or not. If this fails then Judicial Review is an 
expensive way to try and overturn a TPO. This is of course only concerned 
with points of law, not the merits of the trees. So as happened recently-ish 
you could find that you get the TPO overturned but the Judge delays the 
decision in order to allow the LA time to remake the TPO properly.

The only other way is an application to fell. Assuming this would be refused 
an appeal.

Gilbert, I'd be interested in your scoring system and would welcome a copy of 
the spread sheet if possible.

Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council

-----Original Message-----
From: Addison, Gilbert [mailto:gilbert.addison@xxxxxxx.co.uk]
Sent: 22 December 2011 08:24
To: UK Tree Care
Subject: RE: Basis for TPO's

I've devised a spreadsheet based scoring system Paul so that at least I
subscribe to the requirement for structure and transparency. No one
'system' will suit all or even most but structure and transparency can
be a common principle.


Regards

Gilbert Addison CEnv


-----Original Message-----
From: Paul Hawksford [mailto:arborconsulting@xxxx.com]
Sent: 21 December 2011 20:46
To: UK Tree Care
Subject: Basis for TPO's


Seems like a daft set of questions but:


On what basis does a TO subject a tree to a TPO?
Is it purely visual amenity, conservation, ecological, environmental or
all?
Does the TO concern himself/herself with the geography, whether it be
urban, sub-urban or countryside?
What relevent factors come into play?
If the tree cannot be seen by numerous households and enjoyed by such,
does this affect the decision?
In terms of expediency and development and if the development where in
secluded grounds, would the TO be inclined to TPO or not?
Is a judicial review the way forward in overturning the TPO, or does
this lie only on appeal?

I've trawled the 2009 amended Blue Book, but may be missing the
point........

Appreciate your reply as always..... and a Merry Xmas to
UKTC...........!!!!!!

Regards.


Paul Hawksford
Principal Arboriculturist
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