UKTC Archive

RE: Parkland (P) Designation Tree Preservation Orders

Subject: RE: Parkland (P) Designation Tree Preservation Orders
From: Addison, Gilbert
Date: Feb 21 2014 11:04:58
To give you the advice I'm sure you would give someone else Ron - get
out there and re-do the TPO! 


Regards
Gilbert Addison CEnv
Chartered Environmentalist 
Breckland Council 
working in partnership with
CAPITA 
Tel:  01362 XXXXXX 
DDI: 01362 XXXXXX Please note there is no asnwerphone on this number
Fax: 01362 XXXXXX
Email: gilbert.addison@xxxxxxx.co.uk
Elizabeth House, Walpole Loke, Dereham, Norfolk, NR19 1EE
 P Think of the environment...please don't print this e-mail unless you
really need to.
 

-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk] 
Sent: 21 February 2014 10:03
To: UK Tree Care
Subject: Parkland (P) Designation Tree Preservation Orders

 
Have we discussed this before? 

We have quite a few Parkland Designation TPOs down here in Surrey,
mostly made by the County Council subsequent to the 1947 Town and
Country Planning Act and confirmed by the Secretary of State. I've
searched the web and have actually seen extracts of the 1947 Act but
can't find a corresponding set of Regulations which might outline the
various forms of TPO including the 'P' designation. I have always been
led to believe and have taken the approach that a 'P'designation should
be treated as an Area Order. However, a consultant asked me yesterday if
the Order was a legally enforceable document given that there is no such
thing as a 'P' designation or an exaplantion as to how it should be
regarded. Good point. So, who fancies debating this issue?

So, is the Order legal? Yes it is a legally effective document properly
served and subsequently confirmed by the Secretary of State under the
provisions of the 1947 Act, which prescribed for the protection of trees
or woodlands.

Well, how does it work? It outlines and area (desribed as Parkland)
which is not a woodland nor covers individual trees. It defines the
protected trees much in the same way and Area does now with statements
such as "the trees of whatever species ..." therefore it is reasonable
to assume that it follows the form of the least onourous type of
protection avaialable, 'the Area designation'.

Interestingly, the Parkland designation could well serve to take the
trees outside of the exemptions to the Forestry Act, which have remained
ever since.


Ron Howe
Principal Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX
Website -www.molevalley.gov.uk
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