UKTC Archive

Re: Another area TPO query

Subject: Re: Another area TPO query
From: Julian Morris
Date: Dec 04 2019 12:46:20
Yikes, doing so would be an admission that they were covered by the Order. A 
courtesy notification (backed by evidence that they had been dead at the time 
the Order was made) rather than a statutory one would probably be a good idea.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Wednesday, December 04, 2019 at 12:11 PM
From: "John Hearne" <johnhearne7@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Another area TPO query

And another thought - even though death pre-dates the TPO, must the LPA be
given the Reg 14(2)(b) five day notice of removal of the dead trees?

On Wed, Dec 4, 2019 at 11:38 AM Julian Morris <jamorris@xxxxx.com> wrote:

Is a dead tree a tree? If not, it's not protected. Was it providing any
visual amenity that the LPA deemed it expedient to protect? If not there 
is
no rationale for it being protected. For that rason if push came to shove 
I
can't see a court enforcing replanting of trees dead at the time hte Order
was made. Otherwise it would amount to a Compulsory Tree Planting Order
based on creating rather than protecting tree amenity.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Wednesday, December 04, 2019 at 11:10 AM
From: "John Hearne" <johnhearne7@xxxxxx.com>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Another area TPO query

Dear All, if an 'area' TPO is served on an area containing a number of
dead
standing trees, can an LPA require their replacement if/when they are
removed? It strikes me that it would be a bit unreasonable, but I 
suspect
that technically they can?

Thanks in advance.

John

--

Hearne Arboriculture

www.hearnearboriculture.com



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www.hearnearboriculture.com



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