I would say that anyone adjoining has the potential to cut back the
trees and will need to apply unless deemed a nuisance and, that is still
a minefield but, I read something recently that clearly said that
overhanging is a nuisance if it is in the way ... So, immediately
adjoining neighbours should be included really ... remember, they have a
'right' to cut back overhang!
Ron Howe
Principal Tree Officer
Mole Valley District Council
Tel. 01306 879 286
Website - www.molevalley.gov.uk
-----Original Message-----
From: John Hearne [mailto:john.hearne@xxxxxxxxxxxxx.gov.uk]
Sent: 06 March 2012 13:53
To: UK Tree Care
Subject: RE: New TPO Regs For England
Well, how exciting. After a quick glance through I've noticed these:
1) We are to serve TPOs on persons interested on land affected by the
Order where:
<<"person interested" in relation to an order means every owner and
occupier of the land affected by the order>> and << "land affected by
the order" means the land on which the trees, groups of trees or
woodlands to which the order relates are situated;>>
No mention of neighbours!!!! Can we ignore adjoining land now,
especially when it's quite distant?
2) I think we no longer require a section 201 direction for the Order to
take provisional effect.
<<(until confirmation an order shall take effect provisionally on the
date on which it is made until>>
3) No dying exemption
4) Changed dangerous exemption <<the cutting down, uprooting, topping or
lopping of a tree, to the extent that such works are urgently necessary
to remove an immediate risk of serious harm, or to such other extent as
agreed in writing by the authority prior to the works being
undertaken;>>
5) I think the time limit is new <<(4) Where consent is granted under
paragraph (1)(a)- (a)such consent shall be valid for a period of two
years beginning with the date of its grant; and (b)the works for which
such consent is granted may only be carried out once,unless otherwise
stated in a condition
6) Hugely shrunk model Order
John Hearne
Tree Officer
New Forest National Park Authority
New Forest National Park Authority
Lymington Town Hall
Avenue Road
Lymington
SO41 9ZG
Switchboard: 01590 646600
Fax: 01590 646666
Web: www.newforestnpa.gov.uk
Email disclaimer: www.newforestnpa.gov.uk/email_disclaimer
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