UKTC Archive

RE: [EXTERNAL] Re: Another area TPO query

Subject: RE: [EXTERNAL] Re: Another area TPO query
From: Howe, Ron
Date: Dec 06 2019 14:24:36
I disagree to a point ...

"Nothing in regulation 13 shall prevent ... the removal of a tree that is 
dead or dangerous." An exemption notice is simply letting the Council know 
what you are doing in an area covered by a TPO ...  it's not an application 
for a protected tree per se. And, a reasonable person would waiver the 
replacement tree requirement. The point is that if you have given notice then 
you have a defence if someone later tries to enforce the matter, it's just 
common sense. The requirement to replant is however complex. The thing to do 
is raise objections to the Order to seek clarification so the TPO might be 
modified to, for example, The living trees of whatever species within the 
area A1, or the officer may well modify the Order to cover only specified 
trees.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 04 December 2019 12:46
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] Re: Another area TPO query

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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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