UKTC Archive

Re: When is a veteran not an A3?

Subject: Re: When is a veteran not an A3?
From: Julian Morris
Date: Jan 04 2015 10:49:59
I don't know why I am bothering to reply further on this, but I feel I should 
clarify that it has been established rightly or wrongly that TPOs are not for 
preserving biodiversity, habitat etc., only for amenity. LAs that are 
following the letter of the law have no remit to refuse removals solely 
because of loss of veteran characteristics, hence they cannot prosecute for 
the valid use of an exemption, no matter how notable the tree is in veteran 
terms.

Add that to what I previously suggested, i.e. that a tree can be declining 
rapidly due to a defect that is not the one that caused it to develop veteran 
characteristics, and it is prety clear that B3s and even C3s and certainly Us 
and exempted veterans can and do exist. Then consider whether a LA could 
refuse a planning application because it involved the removal of a declining 
veteran. Would that be intra vires? I personally doubt it.   

Julian A. Morris
Professional Tree Services
jamtrees.co.uk
highhedgesscotland.com
0141 XXX XXXX - 0778 XXX XXXX


Sent: Sunday, January 04, 2015 at 9:03 AM
From: "andersonarb@xxxx.com" <uktc@xxxxxx.tree-care.info>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: When is a veteran not an A3?




If appropriate surgery is carried out 
before conveyance and likewise a TPO in place (sorry Bill) I would have 
thought a private garden was the safer place.





-----Original Message-----
From: Gilbert Addison <aardvark@xxxxxxxxxx.co.uk>
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Sent: Fri, 2 Jan 2015 17:17
Subject: Re: When is a veteran not an A3?


Aren't we forever being told that TPO veterans are borderline exempt 
because of dead/dying dangerous? (A POV I don't necessarily concur with.) 
Clearly this is where we need to get our educator's-hats on, but I'm with 
you on not completely understanding where Edmund's coming from with that 
statement. I've been told to go and get the dead wood out of a veteran (by 
an LA) in a POS, so it's not only the hooligans they've got to contend 
with......


Bill.





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