UKTC Archive

RE: Area TPO

Subject: RE: Area TPO
From: Vernon, Matt
Date: Nov 05 2019 16:37:34
Hi,

Online guidance here 
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
 states fairly clearly relating to woodland orders protecting trees growing 
after the order was made:

"Orders covering a woodland protect the trees and saplings of whatever size 
within the identified area, including those planted or growing naturally 
after the Order was made. This is because the purpose of the Order is to 
safeguard the woodland as a whole, which depends on regeneration or new 
planting."

"When should the woodland category be used?

The woodland category’s purpose is to safeguard a woodland as a whole. So it 
follows that, while some trees may lack individual merit, all trees within a 
woodland that merits protection are protected and made subject to the same 
provisions and exemptions. In addition, trees and saplings which grow 
naturally or are planted within the woodland area after the Order is made are 
also protected by the Order."

Hope that helps

______________________________________________________________________
Matt Vernon BSC(Hons), MCIEEM, TechArborA
Assistant Arboricultural Officer
Leisure & Culture
Direct dial01638 XXXXXX
Emailmatt.vernon@xxxxxxxxxxxx.gov.uk

https://www.westsuffolk.gov.uk
West Suffolk Council
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-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair Durkin
Sent: 05 November 2019 09:15
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Area TPO

[THIS IS AN EXTERNAL EMAIL]

Tom, the key here is that it is the 'woodland' orders that are the anomaly 
and may require evidence in terms of their effect (which is only in case 
law). All other types of order are clearly stated to protect 'trees' in the 
interests of amenity, and not the absence of trees, or trees yet to grow. 
There is no need for evidence of this within the Regs, because if no trees 
are there then they cannot be protected.

Cheers

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of admin@xxxxxxxxxxxxxxx.co.uk
Sent: 04 November 2019 18:42
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Area TPO

Dear Alistair

Clearly not worded very well, and for that I apologise.

I had informed a client that an area only covered trees there at the time of 
serving as opposed to a woodland.
He had asked for evidence.  I assumed it was all in the latest tree regs but 
I couldn’t find it.

Jon steered me to the online guidance, hopefully to satisfy my client, 
although OI haven’t heard one way or the other.

So the all encompassing new (ish) regs don’t mention this one way or the 
other then and it is all down to case law.  Is that correct?

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 
984162 E admin@xxxxxxxxxxxxxxx.co.uk W www.arbor-cultural.co.uk

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 04 November 2019 09:01
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Area TPO

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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