UKTC Archive

Re: Help! Term tree management agreement instead of one-off works

Subject: Re: Help! Term tree management agreement instead of one-off works
From: Julian Morris
Date: Dec 29 2018 13:52:12
Rupert/Bill, thanks for comments. Confidentiality prevents me from disclosing 
details of the circumstances, suffice to say they are immensely complex. 
There is no TPO, and the trees are protected during ongoing development by 
existing conditions. The agreement proposed would replace those conditions 
and would be a mutually agreeable soft alternative to a TPO. As such, the 
agreeent would be part of a planning consent and would therefore run with the 
land.

I'll probably end up drafting something from scratch, unless someone comes up 
with a style.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Saturday, December 29, 2018 at 11:48 AM
From: "Bill Anderson" <anderson.arb.original@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Help! Term tree management agreement instead of one-off works

Off-hand Julian, I'd say this sounds like a case of an LPA wanting their
cake while simultaneously eating it. Why have they protected "unsuitable
trees?" It sounds to me like they need to give the Tree Officer adequate
resources to micro-manage their borough's tree stock. If they're not
prepared to do that then they should simply revoke their TPO and leave it
to the clients, who by the sound of things (they've appointed you) are more
than capable of making these decisions without the LPA interfering.

Sorry if this sounds as though I'm peeved; I spent yesterday looking at 2
situations where the 2 separate LPAs involved were interfering
unnecessarily, one couldn't be even ar5ed to employ a TO with the result
that a local busy-body Tree Warden seems to dictate tree management of the
refuse-everything type. (Even when it's a 50 year old Area Order!)

Bill.

On Fri, 28 Dec 2018 at 18:02, Rupert Baker <rupert_baker@xxxxxxxx.co.uk>
wrote:

Hi Julian, I'd be careful. When I was an LA TO, years ago, we attempted to
enter into a management agreement on (an Area) TPO'd curtilage to a big
block of flats built in the middle of a late Victorian/ Edwardian
landscaped woodland garden, with lots of regen Holm oak, Sycamore and 
other
species. It turned out that such agreements are not legally binding on the
landowner, so can simply end up giving carte blanche for excessive tree
works; and we had to rescind the agreement and, in effect,  reimpose the
TPO.
Happy new year etc!
Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Julian Morris
Sent: 28 December 2018 11:48
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Help! Term tree management agreement instead of one-off works

[Text converted from HTML]
Does anyone have a template or example of a consent for long-term
mamangment of a tree or group of trees? I have a situation where neither
the Council nor clients want to agree to one-off works without it being
part of a longer term strategy to gradually remove unsuitable trees as new
more suitable replacements become established and supersede them. I don't
know what narrative style is most appropriate and any suitable robust
wording would be welcome.

Please contact me here or off-forum. Confidentiality guaranteed. Thanks in
anticipation...

Julian A. Morris - Professional Tree Services jamtrees.co.uk and
highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX



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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/