UKTC Archive

RE: Replacement trees in an area TPO

Subject: RE: Replacement trees in an area TPO
From: Jim Quaife
Date: Dec 02 2019 06:41:37
Am Leaving early so this has to be quick, but Blue Book 3.18 it says that in 
the SoS's view Area TPOs should only be used in an emergency (!) and then 
only as a temporary measure.  LPAs are "encouraged" to survey the trees and 
make the appropriate TPO(s).
It is in "When should  the area category be used?" in the current guidance.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jonathan Hazell
Sent: 01 December 2019 21:49
To: UK Tree Care
Subject: Re: Replacement trees in an area TPO

Were Areas only ever meant to be temporary, or is that a "recent"
interpretation of the Regs, if so from when?

Jonathan


Kind regards,

Jonathan

Jonathan Hazell
07501 XXX XXX
jhazell.com

Sent from my Samsung Galaxy smartphone

On Sun, 1 Dec 2019, 16:25 Jim Quaife, <jq@xxxxxxxxxxxxxxxxx.co.uk> wrote:

An Area TPO is of course supposed to be temporary!!
As it only protects trees present at the time of making, it follows that a
replacement tree must be protected by a new individual TPO.  Whether this
can be done as a condition (the 'C' TPO - nothing to do with Star Wars!)
i.e. the TPO is made on a tree yet to be planted, is logical but I don't
know of it having been done - that's not to say that it hasn't been done.
Perhaps in that situation the Area TPO ought to be made to the proper
designation(s)?
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:
uktc-request@xxxxxx.tree-care.info] On Behalf Of Jon Heuch
Sent: 01 December 2019 14:14
To: UK Tree Care
Subject: Replacement trees in an area TPO

Good folk of uktc



Remind me what should happen if the removal of a protected tree covered by
an area order is allowed, but a condition is given to plant a replacement
tree? The order may or may not contain separate individual protected trees.



The order can't be altered to include an individual tree shown within the
protected area, can it?



The tree officer who gave permission will remember but what is there on
record to show a protected replacement tree? The replacement tree will
clearly be younger than the order, so not seemingly protected to subsequent
tree officers.



Do area orders get conditional replacement trees? Do they get Tree
Replacement Notices?



Is this just a failing of the Area order?



Jon








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The UKTC is supported by Bosky Trees arboricultural consultancy
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