UKTC Archive

RE: [EXTERNAL] RE: Felling Licence - Judicial REVIEW

Subject: RE: [EXTERNAL] RE: Felling Licence - Judicial REVIEW
From: Howe, Ron
Date: Jul 27 2020 10:57:43
My comment was really a slight aside and meant to focus on the word MUST.
Yup, all interpretable but, the NPPG carries the same weight as the old Blue 
Book and is the official interpretation.
MUST, to me, says do not over assert the powers you believe you have as LPAs. 
Food for thought.

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 willross583@xxxxxxxxxxx.com
Sent: 24 July 2020 18:20
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] RE: Felling Licence - Judicial revue

Oops, didn’t realise I had made a spelling mistake, brings a vision of judges 
dancing in robes and stilettos similar to site workers in high heels 
traipsing over an RPA!
Will

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jon Heuch
Sent: 24 July 2020 17:53
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] RE: Felling Licence - Judicial revue

You had me worried there Ron, that someone had changed the 2012 regulations
- they don't read as you have quoted (or at least not on my old copy, nor on 
legislation.gov.uk. The final sentence has come from the online guidance 
which tweaks the wording every so slightly from "area of woodland" to 
"woodland". The difference may be of no significance, but I wonder whether it 
refers only to the woodland components of a TPO or anything that might be 
interpreted to be woodland, even if groups, areas or individual trees are 
protected by the TPO.



Of course, if  you were doing anything significant in a woodland with a TPO 
you would be applying for a felling licence in the first place so the FC 
would have judged whether the Standard had been met, or not.



I have no doubt that the Forestry Standard is the beast that should be used 
to judge "good" forestry...but it is not referred to in the regulations!



As for continuing on a post with review spelt revue, I don't know what the 
world is coming to..





This all reminds me of the little clause in the 2012 tree protection

regulations S.17:



"An authority dealing with an application relating to woodland 'MUST' grant

consent so far as accords with good forestry practice unless it is satisfied


that the granting of consent would fail to secure the maintenance of the

special character of the woodland or the woodland character of the area. The


UK Forestry Standard and its supporting guidelines define the government's

standards and requirements."



Jon






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