I entirely understand that Ron! Although I wonder how far that same
flexibility will get you when you're attempting a prosecution. In my
experience any imprecision cuts two ways - sometimes quite literally. Where
there is room for ambiguity in any schedule definition sooner or later
somebody will come along and find a way to exploit it. I'd prefer to be as
specific as possible, more along the lines Daniel suggests. And whilst Areas
are these days intended to be emergency orders and hopefully are used only as
such I'd always prefer to assume that the order will be around for 50 years+
and some poor blighter will be scratching their head over it long after we
are gone - so why not make their life easier?
----------------------------------------------------------------------
Matthew Chatfield BSc MIEEM CEnv | Parks, Beaches & Countryside Manager
Isle of Wight Council | Recreation, Leisure & Public Spaces Service
Enterprise House | Newport | Isle of Wight PO30 5WB
Tel: (01983) 823893 | Email: matthew.chatfield@xxxx.gov.uk
Web: www.iwight.com
----------------------------------------------------------------------
As part of our commitment to Eco Island please don't print unless necessary
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 09 August 2012 16:03
To: UK Tree Care
Subject: RE: Area TPOs
The point is Matt, you can play it how you like and later, you can make
your life so much easier when someone says, "Oh there's a 30cm Oak here
that's got really bad form and all bent over." ... You can then say,
"Oh, the TPO wasn't intended to protect that tree." If you wish ...
There are many old area orders here that say for example, "the trees of
whatever species mainly comprising Oak, Ash, Poplar and Scots Pine." I
can simply say to them well, as far as I'm concerned the TPO doesn't
cover Lawson cypress then ... The point is, you can say what you like.
You could say "All native tree species of over 10m in height." I think
the trick is, to think up the line 20 years ahead as to what
applications you might be dealing with and what you might not want.
Ron.
Ron Howe
Principal Tree Officer
Mole Valley District Council
Tel. 01306 879 286
Website -www.molevalley.gov.uk
Please take a look at the new 2012 Tree Protection Regulations and
guidance
http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127685.
pdf at: http://www.legislation.gov.uk/uksi/2012/605/contents/made
-----Original Message-----
From: Chatfield, Matthew [mailto:Matthew.Chatfield@xxxx.gov.uk]
Sent: 09 August 2012 15:51
To: UK Tree Care
Subject: RE: Area TPOs
No, seriously, do you still make Area orders and say 'mature'? That
particular word is one which has caused me much vexation over the years.
And looking at your example, I suspect 'understorey' might fall into the
same category although I've never actually had that one.
----------------------------------------------------------------------
---------------
Matthew Chatfield BSc MIEEM CEnv | Parks, Beaches & Countryside Manager
Isle of Wight Council | Recreation, Leisure & Public Spaces Service
Enterprise House | Newport | Isle of Wight PO30 5WB
Tel: (01983) 823893 | Email: matthew.chatfield@xxxx.gov.uk
Web: www.iwight.com
----------------------------------------------------------------------
----------------
As part of our commitment to Eco Island please don't print unless
necessary
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 09 August 2012 15:35
To: UK Tree Care
Subject: RE: Area TPOs
As Jerry says you may specify the trees as you wish as was the previous
case. But I have taken to specifying the species the TPO is aimed at so
as to exclude the rubbish. For example "the mature Ash, Oak and Beech in
area A1, including Hawthorn, Field Maple and Hornbeam understory."
However, when making an order in an emergency at a weekend, I might be
more inclined to include "the trees of whatever species." Then, if at a
later date you specify tree species, technically, you are not adding
trees and may then make the changes as a modification only, without a
fuss, and can simply reissue the plan and a revised schedule.
Ron Howe
Principal Tree Officer
Mole Valley District Council
Tel. 01306 879 286
Website -www.molevalley.gov.uk
Please take a look at the new 2012 Tree Protection Regulations and
guidance
http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127685.
pdf at: http://www.legislation.gov.uk/uksi/2012/605/contents/made
-----Original Message-----
From: Ian Brewster [mailto:Ian.Brewster@xxxxx.gov.uk]
Sent: 09 August 2012 14:50
To: UK Tree Care
Subject: Area TPOs
Sometimes they were and hopefully still are good for emergency
situations for large unknown areas of trees.
However I've just been told by a Planning Officer that according to the
new legislation you now need to list tree species if applying new AREA
TPOs.
Is that right?
http://www.arun.gov.uk
NLPG UPRN 100062237016
DX 57406 Littlehampton
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applications, pay bills online or find out more about where you live using
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