UKTC Archive

RE: Area TPOs and Hedges

Subject: RE: Area TPOs and Hedges
From: Rupert Baker
Date: Feb 27 2019 12:29:26
Hi Jon, Gary et al
Why is this 'somehow wrong'.  A tree in a conservation area can grow until it 
gets over 75mm dbh, and then becomes protected. Trees in woodland orders are 
protected from small size onwards; and in old area orders, anything which was 
growing at the time the order was made, and has the capability of becoming a 
tree, is protected, if I read the legislation correctly. Mind you if the 
hedge was regularly topped at the time the TPO was made, then there may be a 
right to continue doing so....
Atb
Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Gary Prentice
Sent: 27 February 2019 11:57
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Area TPOs and Hedges

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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The UKTC is supported by Bosky Trees arboricultural consultancy
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