UKTC Archive

RE: TPOs and MOD land

Subject: RE: TPOs and MOD land
From: Howe, Ron
Date: Dec 22 2017 12:17:49
I've just been through all this with a Forestry Commission site involving oil 
exploration where the public demanded a TPO. FC and MOD land is of course 
part of the 'Public Estate'. There is nothing to prevent you from making an 
Order subject to liaising with the MOD (or other government body for hat 
matter). However, in the circumstances the TPO would have 'no affect' with 
regard to anything done on behalf of the FC or subject to other matters of 
public safety, or security issues covered by other Acts of parliament. The 
matter became very political and the decision to make the Order was actually 
made by committee as a show of public support and gained the LPA a lot of 
brownie points. But, my report clearly explained that the Order would have no 
affect and therefore would not be an additional burden on the FC, or the 
Highway Authority for that matter. Always bear in mind that FC land, MOD 
property, highways, our Railway land and so on are all part of the 'Public 
Forest and General Public Estates' owned by the government.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Trevor Heaps
Sent: 22 December 2017 09:57
To: UK Tree Care
Subject: TPOs and MOD land

Dear All,

A resident in the London Borough of Hillingdon has been sent a letter by the 
MOD stating that they are going to be cutting an Oak down along their 
boundary to renew security fencing. 

The resident has asked if we can make a TPO to protect the Oak.

It's not really worthy of a TPO, but I am interested in the legal side of 
this situation.

Can a Council make a TPO to protect a tree that affects MOD land?

Cheers

Trevor 



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