UKTC Archive

RE: Tree Preservation Order Appeal Questionnaire

Subject: RE: Tree Preservation Order Appeal Questionnaire
From: Alastair Durkin
Date: Jun 29 2018 12:09:11
I'm saying that technical evidence should be taken in good faith Bill. I 
should have been clearer. 

I'm not implying anything about the applicant's evidence.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Bill Anderson
Sent: 29 June 2018 12:08
To: UK Tree Care
Subject: Re: Tree Preservation Order Appeal Questionnaire

Your implying that the evidence of an Officer should be taken in good faith, 
seems to suggest that the evidence of an applicant shouldn't be taken in good 
faith Alastair. Is that entirely fair?
David B's results of 75% success with NSIs and 0% with the in-house 
Inspectors is telling if you ask me. A case I lost with a non-NSI last year 
revealed that the Inspector thought Sycamore was evergreen. My complaint to 
the Inspectorate was pretty well dismissed, which seems to say something of 
the regard in which our industry is held....
I've lost a couple of other appeals with non-NSIs and at this stage it seems 
to me that when they don't know what to do, which is most of the time, they 
just dismiss it. I don't think they've had more than a few hours training in 
tree matters, which as Jim Q said to me "is a real comfort....."
Bill.

On 29 June 2018 at 09:54, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk> wrote:

I know what you mean, and I struggle with that dilemma myself. But if 
you don't require replacement then you won't get one. The ability to 
replace the tree or not should not be something the Inspector takes 
into account until they have dealt with the reasons to remove the tree 
against its amenity value after all.

What is interesting is that since NSIs have been replaced by Planning 
Inspectors the decisions appear to be going the way of officer 
recommendation. I put this down to the Inspector taking the evidence 
of the TO in good faith, as they should do, rather than making their 
own technical judgements, as an NSI might have done.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Wynn, Daniel
Sent: 29 June 2018 09:25
To: UK Tree Care
Subject: RE: Tree Preservation Order Appeal Questionnaire

Thanks Alistair, and this is pretty much what we do here but I guess 
my question should have been why even consider replacement if you have 
a perfectly good tree right now, which you've refused permission to 
fell? I struggle with this because is asking for a condition to 
replace kind of like supporting the notion the existing tree is replaceable?


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Alastair Durkin
Sent: 29 June 2018 09:01
To: UK Tree Care
Subject: RE: Tree Preservation Order Appeal Questionnaire

Hi Dan

That depends on the situation and whether a replacement would be 
appropriate in the circumstances, but normally something like this:

1.      Subject to replacement planting with a …. (…..) of minimum …..cm
girth to be planted (Location) and within 3 months following removal 
of the …… OR of such other species and size as may be agreed in 
writing with this Council.

Reason: To replace the amenity provided by the felled tree(s)

1.   All replacement tree planting shall be carried out in accordance with
the relevant guidance contained within BS 8545:2014 Trees: from 
nursery to independence in the landscape – Recommendations.

Reason: To ensure that trees are planted in a manner conducive to 
successful establishment thereby minimising the likelihood of tree 
failure and the detrimental impact that this would have on the amenity 
of the local area.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:uktc-request@lists.
tree-care.info] On Behalf Of Wynn, Daniel
Sent: 29 June 2018 08:21
To: UK Tree Care
Subject: Tree Preservation Order Appeal Questionnaire

Just out of interest, what do Trees Officers out there usually put in 
section '3 Conditions' for an appeal against refusal to fell where it says:
"It is important that you set out any conditions you would like the 
Inspector to impose if allowing the appeal in part or in full, 
particularly with regard to replanting if the appellant is seeking consent 
to fell."?

Dan W

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