UKTC Archive

Re: Replacement trees in an area TPO

Subject: Re: Replacement trees in an area TPO
From: Bill Anderson
Date: Dec 02 2019 11:56:51
You can only demand one-for-one replacements....
And Mynors reckons that if it can be shown that even an old Interim
Preservation Order from 1944 (before the 47 Act) covers a tree then it can
presumably be enforced... I read that in one of his books although I can't
remember where at the moment.

On Mon, 2 Dec 2019 at 10:41, Jerry Ross <trees@xxxxxxxxxx.co.uk> wrote:

Jonathan -
Circular b36/78 on Trees & Forestry from 1978 may be helpful (to a
degree...)  Clause 43 is attached and says in part (about areas) 'This
method of specification should therefore be used with the utmost
discrimination: in the opinion of the SoS, it is quite inappropriate to
make a blanket order with a view to maintaining general control over an
extensive area.'


Here's another scenario that's cropped up - someone applies to remove a
tree from an area; no objection raised but a condition imposed to plant
six (count 'em) trees as replacements. All fine and dandy except that
the owner who applied then sells the land on which the tree is growing,
without having removed the tree.
Who has to replant?
And where?  The new owner surely can't plant on what is now someone
elese's land - and it becomes even more fraught if the bit of land that
was sold, and on which the TPO'd tree stands, doesn't have space for six
trees.





On 02/12/2019 07:01, Jonathan Hazell wrote:
Thanks Jim,

I appreciate the current thinking, but what about the ideas when Orders
made in the 1940's and 50's?

I, like others, have a couple of monster Areas that now bear little
relation to the situation on the ground when they were confirmed, but if
they were "properly" served under the contemporary guidance do they still
offer wholesale protection?

Jonathan

Kind regards,

Jonathan

Jonathan Hazell
07501 XXX XXX
jhazell.com

Sent from my Samsung Galaxy smartphone

On Mon, 2 Dec 2019, 06:41 Jim Quaife, <jq@xxxxxxxxxxxxxxxxx.co.uk> wrote:

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
http://www.boskytrees.co.uk/