I would say removing the requirement to serve adjoining owners does simplify
the process, whilst leaving LAs with the discretion to serve those with a
right in common law, an interest in the tree or whatever if they feel it
helps protect the tree(s) involved.
PJ.
Paul Johnston
Principal Tree Officer
Planning & Environment
Fareham Borough Council
www.fareham.gov.uk
(+44)01329 824451
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 07 March 2012 10:46
To: UK Tree Care
Subject: RE: New TPO Regs For England
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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