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: Rupert Baker
Date: Dec 29 2018 16:57:31
Hi Julian, can I suggest you draft what you want to achieve in plain English, 
and get the parties to fund a solicitor - on a fixed-fee basis - to turn it 
into a legal agreement that would be binding on both parties.
We are not sufficiently trained in the ways of the law to be able to do such 
a thing, IMHO. (m'Lud...)

Happy new Year!

Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 29 December 2018 13:52
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Cc: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Help! Term tree management agreement instead of one-off works

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/




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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/