UKTC Archive

Re: AIA's and TPO's

Subject: Re: AIA's and TPO's
From: Julian Morris
Date: Mar 13 2019 11:20:07
[Text converted from HTML]
I don't know why either, but my own position is that I always refer to
TPOs CAs in my AIAs but I state that there is statutory exemption from
the need for TPO consent or CA notification of any tree work that is
implicit or explicit in the implementation of the consent being sought.

Absolutely right about Annex B. But it's not necessarily for the arb to
investigate and flag up the TPO/CA. I will if I know of it or it's right
there in the Development Plan, but it's still not my job to justify the
removal of trees (or for that matter, the retention) where they conflict
with design. Crucially, clause 5.2.3 of BS5837 says the presence of tree
preservation orders, conservation areas or other regulatory protection
should also be taken into account during the design process. I have
underlined the word 'also' as it has always indicated to me that the arb
produces the TCP and then the designers should 'also' take account of
TPOs/CAs. This is clearer when you see where this sits in the BS process
i.e. after RPAs (TCPs) and before AIAs. At the AIA state the arb has to 
'evaluates
the direct and indirect effects of the proposed design', but I'm not sure
at all that it is for the arb to assess loss of public amenity.
Julian A. Morris - Professional Tree Services
jamtrees.co.uk and highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Wednesday, March 13, 2019 at 10:44 AM
From: "Charlie Ashworth" <charlie@xxxxxxxxxx.org.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: AIA's and TPO's

I have no idea Chris, particularly as the CA’s & TPO’s are online for
our region and can be accessed at any time of the day or night! It takes
10 minutes of my time to access the information from the council website
and copy and paste the order details to my report.

Best wishes
Charlie


On 13 Mar 2019, at 10:20, HUDSON, Chris
(chris.hudson@xxxxxxxxxxxxx.gov.uk) <uktc@xxxxxx.tree-care.info> wrote:

Could anyone advise as to why I appear to be receiving an increasing
number of AIA's stating that no checks have been carried out with the
Local Planning Authority as to whether trees within the site are TPO'd or
lie within a Conservation Area particularly as BS5827:2012 clearly states
at 5.2.3 that the presence of TPO's and Conservation Areas is a factor to
be taken into account and are a material consideration (Annex B).

I understand that Consultants may have some difficulty in obtaining
this information, particularly if its not online and there are tight
timescales, but it can become a little embarrassing when I have to tell
the applicant that his trees are TPO'd and his Consultant has not.
Chris Hudson
Principal Forestry and Arboricultural Officer
Environmental Planning
Development Management
Cheshire East Council

Tel (01625) XXXXXX
Email :c.hudson@xxxxxxxxxxxxx.gov.uk
www.cheshireeast.gov.uk<http://www.cheshireeast.gov.uk>

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