UKTC Archive

RE: unable to plant trees

Subject: RE: unable to plant trees
From: Charles Bennett
Date: Feb 23 2012 14:41:28
______________________________________________________________________
      SPRING 2012 TRAINING FROM QUANTIFIED TREE RISK ASSESSMENT LTD.
   QTRA Licensed User Training - 28 Feb Warwickshire, 13 March Surrey,
           17 April Chorley, 24 April Exeter, 1 May Cambridge.
QTRA Licensed User Update Training - 15 March Surrey, 19 April Chorley.
          A Practitioner's Guide to Visual Tree Risk Assessment     
         29 Feb Warwickshire, 14 March Surrey, 18 April Chorley,
                     25 April Exeter, 2 May Cambridge.
______________________________________________________________________

Is the woodland TPO'd, and does the re-stocking notice relate to the TPO. If 
not is the restocking notice one issued by the Forestry Commission.

I ask this because these are different beasts. One arises by virtue of the 
Town and Country Planning Act, the other by virtue of the Forestry Act. Any 
planning permission would take precedence over a TPO'd tree, or its 
replacement. But would planning permission take precedence over a re-stocking 
notice, with its 10 year maintenance period, served by the Forestry 
Commission.

Counsels advice was no. In other words, even if planning permission was 
granted it could not be implemented.

In a not so recent appeal the argument was put to the inspector by the 
appellant that the planning permission would override the Commissions 
re-stocking notice and so they could develop the whole of the illegally 
felled site. The Council argued the opposite. The Inspector agreed with the 
Council and the appeal was dismissed.

It should be noted that the woodland, or at least the woodland site was TPO'd 
after the majority of the trees were felled to ensure the survival of the 
regeneration and the few mature trees that remained.

http://www.planningportal.gov.uk/planning/appeals/online/search
Case Ref: 2111088
LPA: Carlisle City Council

What would the Commission do if planning permission was granted and 
implemented despite their re-stocking notice

I guess the Courts would make the final decision if it were pursued that far.


Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle   CA3 8QG
Direct Dial: (01228) 817535
Email:  charlesb@xxxxxxxxx.gov.uk

-----Original Message-----
From: Peter Thurman [mailto:thurmanconsult@xxxxxxxxxxx.com]
Sent: 23 February 2012 14:05
To: UK Tree Care
Subject: unable to plant trees

______________________________________________________________________
      SPRING 2012 TRAINING FROM QUANTIFIED TREE RISK ASSESSMENT LTD.
   QTRA Licensed User Training - 28 Feb Warwickshire, 13 March Surrey,
           17 April Chorley, 24 April Exeter, 1 May Cambridge.
QTRA Licensed User Update Training - 15 March Surrey, 19 April Chorley.
          A Practitioner's Guide to Visual Tree Risk Assessment
         29 Feb Warwickshire, 14 March Surrey, 18 April Chorley,
                     25 April Exeter, 2 May Cambridge.
______________________________________________________________________

http://www.getwokingham.co.uk/news/s/2108664_developer_unable_to_plant_trees
_after_its_illegal_felling





Peter Thurman

0774 068 1280








--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

______________________________________________________________________
Carlisle City Council has scanned this e-mail and its attachments to ensure 
that they are virus free.

Any problems should be reported to the IT help Desk on 01228 817265
______________________________________________________________________

Think before you print. In the interests of saving paper, only print this 
e-mail if really necessary.

________________________________

Carlisle City Council’s priorities are the local environment and the local 
economy This e-mail and its attachments may include confidential information 
or protectively marked material up to RESTRICTED, should be handled 
accordingly and is solely for use by the intended recipient(s). If you have 
received this e-mail and its attachments in error please notify the sender 
immediately delete them and do not disclose, copy, distribute or retain any 
part of them. The views and opinions expressed by the author are not 
necessarily those of Carlisle City Council. Carlisle City Council has scanned 
this e-mail and its attachments to ensure that they are virus free. The 
Council can take no responsibility if a virus is actually present and you are 
advised to make the appropriate checks to confirm that they are virus free..



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info