UKTC Archive

RE: Serving a new TPO on a development site whilst a planning application is being considered

Subject: RE: Serving a new TPO on a development site whilst a planning application is being considered
From: Alastair Barnes
Date: Aug 14 2020 08:00:59
The thing is that most trees in open land will sit there no problem for 
years, it has to be expedient and in the public interest to serve an order 
and if not under threat then why would a TO serve an order?? so when an LA 
does receive an application it is likely that an order will be served to 
protect trees worthy of protection, most of the time the LA doesn’t know 
about potential planning apps until it's too late and trees are lost in the 
wider countryside, this door swings both ways! It's just easier to criticise 
the LA for doing their job, this game hasn’t changed, just new players. It 
can't come as a surprise to some landowners that this could be the outcome. 
More importantly people are recognising that some developments look better 
with a mix of mature trees and people are more willing to buy houses with a 
good mix of trees and ages. I regularly make TPO's on potential new 
developments, very rarely has this 'prevented' any form of development on 
these sites.

Alastair Barnes
Tree Officer
New Forest District Council
Tel: 02380 XXXXXX
Alastair.Barnes@xxxxx.gov.uk
www.newforest.gov.uk



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Andrew Jones
Sent: 13 August 2020 15:33
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Serving a new TPO on a development site whilst a planning 
application is being considered

Town and country Planning Act 1990 (while it lasts) S.197 – this is our 
primary legislation folks!



I think we all tend to conveniently (or deliberately) forget that LPAs have a 
statutory obligation to consider making TPO's at the same time as considering 
planning applications. Perhaps the LPA in question should be applauded for 
its effort, how many LPA’s can demonstrate how the S.197 duty is fulfilled…?



Maybe when 'planning for the future' we need 'pattern books' for permitted 
tree works - or perhaps we just adequately resource LPA's to make 
better/quicker decisions, review their existing TPO’s and enable LPA’s to 
revoke redundant TPO’s and make new ones where justified on a more strategic 
basis?


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