UKTC Archive

RE: Area TPO

Subject: RE: Area TPO
From: Alastair Durkin
Date: Nov 04 2019 09:01:47
Tom, you sent me down a rabbit hole.

I think the thing is that you have asked your question the wrong way around. 
If a TPO protects individual trees, groups of trees or areas of trees  - it 
stands to reason that this only applies to actual trees - not trees that may 
grow in the future. Protecting 'trees' is the intended purpose of a TPO after 
all. Otherwise you could just randomly protect an area of barren land in the 
hope that trees may one day grow and become protected. 

To my mind your question should have been "where does it say that 'woodland' 
TPOs protect trees that are yet to grow?". The answer to that is nowhere in 
statute - it is all in case law - specifically confirmed I think in Evans v 
Waverley BC [1995] (although it was assumed earlier than this I think), and 
then again in Palm Developments v Sec of State. Mynors 2nd ed (p587 & 588 is 
helpful. 

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of admin@xxxxxxxxxxxxxxx.co.uk
Sent: 03 November 2019 16:27
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Area TPO

Dear All

 

I have the link to the Tree Regs below.

 

http://www.legislation.gov.uk/uksi/2012/605/made

 

 

I may be missing it but can someone clarify where it states that Area TPO's 
only cover the trees that are present at the time of serving?

 

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  <mailto:admin@xxxxxxxxxxxxxxx.co.uk> admin@xxxxxxxxxxxxxxx.co.uk

W  <http://www.arbor-cultural.co.uk/> www.arbor-cultural.co.uk

 




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