UKTC Archive

RE: Area TPOs and Hedges

Subject: RE: Area TPOs and Hedges
From: Howe, Ron
Date: Mar 01 2019 11:32:31
The NPPF Guide also advises the following and I would note the emphasis on 
the word 'use'. As noted by others whereas the trees may have previously been 
a hedge, the hedge still included tree species present at the time the Order 
was made. Making an application is not a burden and those trees may well have 
grown up to make a notable visual contribution to the character and 
appearance of an area. I for one refuse to include species such as Laurel, 
Hazel and even Elder and Magnolia ... I draw the line at shrubs:

"Can shrubs and hedges be protected by a Tree Preservation Order?

Authorities may only use an Order to protect anything that may ordinarily be 
termed a tree. This would not normally include shrubs, but could include, for 
example, trees in a hedge or an old hedge which has become a line of trees of 
a reasonable height. The removal of countryside hedgerows is regulated under 
different legislation. See guidance on tree size in conservation areas.

Paragraph: 012 Reference ID: 36-012-20140306

Revision date: 06 03 2014"

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jon Heuch
Sent: 27 February 2019 11:14
To: UK Tree Care
Subject: Area TPOs and Hedges

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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