UKTC Archive

RE: RE: [EXTERNAL] Another area TPO query

Subject: RE: RE: [EXTERNAL] Another area TPO query
From: Howe, Ron
Date: Dec 06 2019 15:24:45
The sad problem is Julian, that nothing in the TPO legislation or regulations 
says that a tree has to be alive. A reasonable person might however think 
that essential until ... you meet some amazing mountain pine with nothing 
left other than a few twigs ...

Ron.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Julian Morris
Sent: 06 December 2019 14:46
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: RE: [EXTERNAL] Another area TPO query

And I sort of agree with you. What I meant was that if a tree is dead at the 
time the TPO is made, it's not covered by the Order, and notifying its 
removal under exemption is contra-indicative of that stance.  The notice 
procedure relates to 'any tree to which an order relates', not any tree 
within an area that is the subject of an order. I don't think it's possible 
to read Reg 14 in isolation, it has to be read in conjunction with Reg 13. An 
area order protects trees within it (at the time it was made), not the area. 
Hence the aforegoing.

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


Sent: Friday, December 06, 2019 at 2:24 PM
From: "Howe, Ron" <Ron.Howe@xxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] Re: Another area TPO query

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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