UKTC Archive

RE: Area TPOs and Hedges

Subject: RE: Area TPOs and Hedges
From: Jim Quaife
Date: Feb 28 2019 07:51:49
There are ways and means Tom - many years ago I successfully supported an 
LPA's prosecution of illegal felling in a CA with all evidence removed.  You 
should read more detective stories!
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Tom Thompson
Sent: 27 February 2019 22:20
To: UK Tree Care
Subject: Re: Area TPOs and Hedges

Have there been any prosecutions for removal of trees protected by area 
orders?

How would this be proven if the stumps are ground out?

Sincerely Tom

I S Tom Thompson (known as Tom) BSc (Hons) Arb, MSc eFor, MArborA

Principal Arboricultural Consultant
Arbor Cultural Ltd

36 Central Avenue, West Molesey, Surrey, KT8 2QZ

T   0333 XXX XXXX
M  07899 XXXXXX
E   Admin@xxxxxxxxxxxxxxx.co.uk
W  www.arbor-cultural.co.uk



On Wed, 27 Feb 2019 at 11:57, Gary Prentice <gary@xxxxxxxxxxxxxxxxxx.com>
wrote:

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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