UKTC Archive

RE: TPOs and MOD land

Subject: RE: TPOs and MOD land
From: Ben Maxted
Date: Dec 22 2017 15:28:50
Owned by the public and managed on our behalf by the government surely?

On 22 Dec 2017 12:17, "Howe, Ron" <Ron.Howe@xxxxxxxxxxx.gov.uk> wrote:

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@lists.
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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