UKTC Archive

Re: Area TPOs and Hedges

Subject: Re: Area TPOs and Hedges
From: Gary Prentice
Date: Feb 27 2019 11:57:58
The area category is intended for short-term protection in an emergency and
may not be capable of providing appropriate long-term protection. The Order
will protect only those trees standing at the time it was made, so it may
over time become difficult to be certain which trees are protected.

Playing devils advocate, I wonder if the constituent plants within a hedge
can be categorised legally as trees. It somehow seems wrong that something
that wasn't originally protected can grow to be protected after the passage
of time
Gary Prentice

Email: gary@xxxxxxxxxxxxxxxxxx.com
           info@xxxxxxxxxxxxxxxxxx.com


On Wed, 27 Feb 2019 at 11:14, Jon Heuch <jh@xxxxxxxx.co.uk> wrote:

As Alastair said..that is an interesting situation..



I would look at the original TPO and the schedule of trees. How is the area
described.."whatever trees of whatever species?"..perhaps. That won't help
clarify the situation, but possibly it's more restricted than that? You may
or may not have access to photographs, postcards and aerial photographs but
it seems a bit over the top for something that should be beyond reasonable
doubt.



The area designation on old TPOs does present us with these challenges;
however, even today it's a bit shady when the legislation states TPOs
protect individual trees groups of trees and woodlands and the Area
designation is slipped into the model TPO without any warning.



Planning Guidance merely states things as we know them under "When should
the area category be used?"...if you are 50 years on since the making the
following text is appropriate but not too useful if it hasn't been followed
"The area category is intended for short-term protection in an emergency
and
may not be capable of providing appropriate long-term protection. The Order
will protect only those trees standing at the time it was made, so it may
over time become difficult to be certain which trees are protected.
Authorities are advised to only use this category as a temporary measure
until they can fully assess and reclassify the trees in the area. In
addition, authorities are encouraged to resurvey existing Orders which
include the area category" A link follows to varying TPOs which, again, is
not helpful if the council hasn't followed the advice.



But this doesn't turn the greyness of your situation into the black & white
that you need. I guess you are at the mercy of the tree officer who you
consult.







Jon






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