UKTC Archive

RE: Consultation on a new Planning Code for Wales: comprehensive, but simpler(!?!)

Subject: RE: Consultation on a new Planning Code for Wales: comprehensive, but simpler(!?!)
From: Alastair Durkin
Date: Dec 28 2017 16:34:46
Bill, I think that quite possibly in the past the mechanism of TPOs hasn't 
really had a significant overall effect on national tree cover, but 
increasingly our trees (and the space that they inhabit) are being squeezed 
by planning policy looking for higher density development (particularly in 
urban areas). As such I really think the system is worthwhile. We certainly 
have a number of recent development sites (last ten years) that were it not 
for a TPO or two, would only have newly planted trees and nothing mature at 
all. I am absolutely sure of that.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Bill Anderson
Sent: 28 December 2017 16:00
To: UK Tree Care
Subject: Re: Consultation on a new Planning Code for Wales: comprehensive, 
but simpler(!?!)

As I've probably said before, it seems perfectly reasonable to me to serve an 
Area Order in an emergency; the answer to the objection being "we'll refine 
the Order when you've finished building." But so many LPAs serve Area Orders 
and then forget about them, with the result that we've got old Area Orders 
that are just completely unrelated to the situation the trees now find 
themselves in. If the LPA upon receipt of an application were to follow the 
guidance to make a decisions then this would be fine, but they've not got a 
TO so they don't. And quite honestly the direction PINS have taken means that 
you're not likely to get a very sensible decision at appeal.

I further note that the proposed revisions don't seem to include anything 
that might enable a tree owner to demand that the LPA properly follow 
Government guidance, with the rather one-sided result that the LPA can ignore 
the TPO system without anybody getting fined. Meanwhile Joe and Joanna ignore 
the guidance and end up paying a fairly massive fine. I'd like to see some 
system whereby the only way to get a TPO overturned isn't via the High 
Court..... As things stand the dice are heavily weighted in favour of Local 
Authorities, which would be fine if anybody could prove that TPOs actually 
lead to improved tree cover and tree management, but that's not my experience 
at all.

The situation you describe is not one with which I'm familiar, in such a case 
it may be reasonable but that sort of thing doesn't seem to happen much round 
my neck of the woods. (I suspect South Yorkshire is quite different to 
Surrey, not to mention the people who inhabit the boroughs.)

Bill.

On 28 December 2017 at 13:33, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Hi Bill

I'd not spotted that because I was only in the summary.

15.47(4) - I think it’s a good idea in theory, but I'll give you an 
example where it is reasonable for an area order to be confirmed 
(pretty much the only time we do). That is when we have made an area 
TPO in order to protect the trees without drawing attention to 
ourselves wandering around with a clipboard (due to potential for 
clear felling prior to service if spotted), and subsequent to making 
the order we are refused permission to enter the land to survey the 
trees. Yes I realise we have rights of entry under s214B(1)(a), but 
generally it's not worth the hassle or proportionate to get the police 
involved if the owner is forceful in their refusal. In these limited 
circumstances it is useful to be able to confirm an area order.

15.47(5) - That would be expensive, or result in lots of unprotected 
trees, if they are talking about all historical area orders.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Bill Anderson
Sent: 28 December 2017 12:28
To: UK Tree Care
Subject: Re: Consultation on a new Planning Code for Wales: 
comprehensive, but simpler(!?!)

Hi Alastair. What do you think of the idea at 15.47 (4) which appears 
to suggest that Area Orders have to be properly specified upon 
confirmation or they lapse? And that old Area ones should lapse after 
5 years? Should keep you TOs busy..... And what would that do to the 
"Interim Preservation Order" from 1943 that is supposedly still in force on 
one of my jobs?

For that matter where do they get the idea that Felling Licences, 
conservation areas and TPOs "avoid overlapping control?" It seems to 
me that the authors aren't entirely familiar with what goes on in the 
real world... (Is Wales the real world?)

I've only scanned it and my comments on Welsh matters are of dubious 
merit anyway, but it seems they're not changing much...

Bill.

On 28 December 2017 at 10:59, Alastair Durkin 
<ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Well this is very interesting (for sad people like me), thanks 
Bettina. I assume this is what Charles Mynors has been working on lately?

From the consultation paper summary for our little bit on trees -

15.5 (AD) Remove the nuisance exemption? That sounds reasonable. 
Make an application and prove your case. If the Council doesn't 
allow the tree to be removed when the evidence is proven then they 
are liable for compensation as is already the case presumably.

15.6 (AD) Undertake works to a sapling without consent provided it 
is below a certain size - ok, so what about the systematic depletion 
of a protected woodland by the removal of saplings? I can see a 
problem with this one - the devil will be in the detail.

15.7 (AD) At least this will force tardy LPAs to respond to simple 
requests regarding trees within a reasonable timescale.

15.9 (AD) Can we have this in England too please!!!

15.10 (AD) I like both of these recommendations. Simplifies the 
process and allows the validity/availability of the order to be 
questioned outside the High Court (in certain circumstances).

15.11 (AD) I like these ideas too. Makes things easier for all concerned.


Stephanie, in the unlikely event that you are reading this thread 
between Christmas and New Year, do you have any views on these proposals?

Cheers

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Bettina Broadway-Mann
Sent: 22 December 2017 10:20
To: UK Tree Care
Subject: Consultation on a new Planning Code for Wales: 
comprehensive, but
simpler(!?!)

Morning,
for something to read after that massive Christmas dinner, you might 
find the link below interesting (or not) -

https://www.lawcom.gov.uk/project/planning-law-in-wales/

Have a great festive time everyone,

all the best
Bettina



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The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/



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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/