UKTC Archive

RE: Tree replacement (TPO)

Subject: RE: Tree replacement (TPO)
From: Jim Quaife
Date: Oct 12 2019 15:58:56
Ian, 
Forget RPA radii when it comes to root spread - the chances are that roots 
may extend twice the RPA radius (but not necessarily evenly).  Roots don't 
often "get into" foundations, and if underneath they would only cause a 
problem to something as massive as a house if the soil is shrinkable, but 
even then there would need to be other factors in play before here were a 
risk of subsidence.
Public amenity value is subjective.  One can usually be definite when it is 
clearly yes or no, but the grey area between is a matter of judgement.
Having established the degree of the tree's public amenity value the LPA will 
need to weigh it with the inconvenience the tree causes.
It is a matter of argument (hopefully the dictionary meaning and not raised 
voices!).
On the matter of a replacement tree, well of course a new young tree is not 
going to be prominent for a good many years!  The LPA can TPO a new tree - 
and the future growth is the expectation with planting any tree.  The 
decision to remove a TPO tree is made on the balance of pertinent factors, 
not whether or not a replacement tree is in the offing, particularly as 
almost inevitably the LPA will want a replacement. 
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Ian Collins
Sent: 12 October 2019 13:33
To: UK Tree Care
Subject: Re: Tree replacement (TPO)

 Please discuss and advise.                                                   
                                                                 90 foot 
still growing monteray pine in 47 foot wide back garden with TPO for amenity 
value.                 ( Charles Mynors suggests that TPOs should not usually 
be used for trees in gardens ).                      The tree blights the 
garden and the gardens of neighbours and is not an amenity but a nuisance to 
those who have to live with it. 12 x trunk dia. suggests the roots will 
travel 48 feet ie. into neighbours foundations. Because of the TPO are we 
liable?                                                                       
           The LPA are very aggressive re TPOs.                               
                                                                 We have 
applied to fell, but wish to replace with additional mature trees of good 
amenity value.      Size, location and type in consultation with the tree 
officer.                                                                      
Is this reasonable and good aboricultural practice by us? We would welcome 
your advice and comments. Thanks.

    On Friday, 11 October 2019, 09:38:08 BST, Mark 
<markhinsley@xxxxxxxxxxx.info> wrote:  
 
 The problem with tree issues these days is that people do not let total 
ignorance of the subject stand in the way of a strongly held opinion

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of elsteadbysea@xxxxxxxxxxx.com
Sent: 10 October 2019 16:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Tree replacement (TPO)

This afternoon a councillor living in same road as tree has put it out on 
Facebook to possibly get more to object.
Why she did not discus and view tree with owner is beyond believe. 
I am afraid we are going to see more of this from the green brigade who do 
not understand.


Phillip

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 10 October 2019 16:35
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Tree replacement (TPO)

Fair point Alastair. But as it amounts to much the same thing, that is an 
appeal to PINS, and in Phillip's scenario the tree's damaging a wall, which 
is presumably not getting any better, then perhaps it's reasonable. No?
Bill.

On Thu, 10 Oct 2019 at 15:51, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

Well that might certainly something the tree owner might consider, but 
whether a professional should be advising as such...open to debate 
possibly.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Bill Anderson
Sent: 10 October 2019 15:38
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Tree replacement (TPO)

Fell it, don't replant, and then if and when a Tree Replacement Notice 
arrives, appeal against that. If somebody reasons that you should have 
appealed the condition, it would be reasonable (but maybe slightly
devious) to argue that you didn't know you weren't going to be able to 
replant until you tried to dig a hole.....
Bill.

On Thu, 10 Oct 2019 at 14:26, Mark Hemming <tree.man@xxxx.co.uk> wrote:

Your appealing against the condition on the decision notice.

On 10 Oct 2019, at 14:16, Mark <markhinsley@xxxxxxxxxxx.info> wrote:

Dear Philip

I don't see why it should stop felling. The LPA are claiming that 
the
tree cannot be felled unless 'x' is planted in its place. Your 
appeal is that the requirement of 'x' is unnecessary or 
unreasonable. If the inspector decides in your favour then the 
replant is no longer a requirement and if the decision goes against 
you 'x' will have to be planted.

Regards


Mark

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info> On Behalf Of 
elsteadbysea@xxxxxxxxxxx.com
Sent: 10 October 2019 10:26
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Tree replacement (TPO)

Mark

Thanks for reply.
Would appealing stop the process of felling tree?

Phillip

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info> On Behalf Of Mark
Sent: 10 October 2019 10:21
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Tree replacement (TPO)

Hi Philip

You can appeal against any condition of a TPO Decision Notice. If 
you
look on the appeal forms there is a tick box for appealing against a 
condition.

Mark

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info> On Behalf Of 
elsteadbysea@xxxxxxxxxxx.com
Sent: 10 October 2019 10:13
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Tree replacement (TPO)

Interested in the forums opinion on this one.

If an application determination allows removal of tree but 
stipulates
replacement, can the applicant appeal against?



A friend is applying to remove a large tree in his front garden 
that is
causing huge damage to wall and more to the point lifting

paving to the point that pedestrians have to walk into the road on 
a
busy corner.

The planners are under pressure from community group who want the 
tree
replaced.



There is little room to replace as the tree stump even if ground 
out
will not allow in my opinion enough rooting area to dig pit.

If anyone is interested I can send photographs.

Kind regards

Phillip Ellis






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