UKTC Archive

RE: TPO Designations

Subject: RE: TPO Designations
From: Jon
Date: Dec 22 2015 12:47:08
Good luck with challenging woodland orders in gardens, Tim;  it is (IMHO) an 
entirely inappropriate use of the designation; being used by an increasing 
number of (no doubt time-poor and overworked)  LA Arb officers who regret 
what they see as the passing of the old area designation as a permanent 
In a garden, so no felling licence required.
However, Regulation 17(3) reads (as the provisions etc of old did):
(3) Where an application relates to an area of woodland, the authority shall 
grant consent so far
as accords with the practice of good forestry, unless they are satisfied that 
the granting of consent
would fail to secure the maintenance of the special character of the woodland 
or the woodland
character of the area.

It would be interesting to see the reasons stated for serving the TPO in the 
first place and see if they made any reference to "woodland character" 
etc......plenty of things to discuss at appeal...if woodland character 
involves management i.e. tree felling!

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