UKTC Archive

Re: RE: RE: [EXTERNAL] Another area TPO query

Subject: Re: RE: RE: [EXTERNAL] Another area TPO query
From: Julian Morris
Date: Dec 06 2019 15:58:36
True.

I might use that picture for my Christmas cards this year.it seems an 
appropriate metaphor.

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


Sent: Friday, December 06, 2019 at 3:24 PM
From: "Howe, Ron" <Ron.Howe@xxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: RE: RE: [EXTERNAL]  Another area TPO query

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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The UKTC is supported by Bosky Trees arboricultural consultancy
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