UKTC Archive

Re: [EXTERNAL] RE: TPO tree felled before confirmation

Subject: Re: [EXTERNAL] RE: TPO tree felled before confirmation
From: Adam Maskill
Date: Sep 08 2020 13:10:51
Thank you both Jim and Ron. I was thinking that the 'C' category could come 
in, but it's not a tree to be planted as a condition. Subject to Legal's 
opinion, I think I'll go for confirmation on what's left of the TPO and vary 
at a later date to add the replacement tree.
Kind regards,
Adam



Adam Maskill MArborA
Tree Officer
Hart District Council


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________________________________
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
on behalf of Howe, Ron <Ron.Howe@xxxxxxxxxxx.gov.uk>
Sent: 07 September 2020 09:49
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: [EXTERNAL] RE: TPO tree felled before confirmation

Any potential prosecution aside Adam, you would have to issue a Tree 
Replacement Notice. You might then look at 'modifying' the TPO to add the 
tree back into the schedule as a C tree required to be planted as a condition 
or, you can make a separate new Order. Section 4 of the TPO template:

The only thing I would say is try to avoid thinking punitively; that is for 
the courts. It needs to be for amenity. You can require any reasonably sized 
tree to be planted that is readily available but, mature trees struggle to 
survive as we all know.

"Application to trees to be planted pursuant to a condition
4.In relation to any tree identified in the first column of the Schedule by 
the letter “C”, being a
tree to be planted pursuant to a condition imposed under paragraph (a) of 
section 197 (planning permission to include appropriate provision for 
preservation and planting of trees), this Order takes effect as from the time 
when the tree is planted."

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 Jim Quaife
Sent: 26 August 2020 17:23
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] RE: TPO tree felled before confirmation

Warning: email from outside of MVDC - if in any doubt do not open links or 
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A provisional TPO has exactly the same weight as a confirmed TPO Adam.
If a tree has been felled it cannot remain in the schedule, but unless there 
is a successful appeal against the replacement notice, its replacement can be 
included in the schedule provided that its species an position are recorded.  
(The TPO map takes precedence).
The confirmation of a TPO can include required modifications.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Adam Maskill
Sent: 26 August 2020 17:06
To: UK Tree Care
Subject: TPO tree felled before confirmation

Good evening,

Scenario is that a TPO was made within the last 6 months, protecting 
individual trees. Since being served, one of the trees was unlawfully felled. 
The TPO is yet to be confirmed and replacement planting is yet to be 
completed. My question is, how do I confirm this TPO in respect of the 
unlawfully felled tree? Do I leave the felled tree in the Schedule, remove it 
from the Schedule or something else? I can't see how I can leave it in when 
it no longer exists but then I appreciate that had the TPO been confirmed 
that it would continue to apply to the subsequent replacement. Any advice 
would be most appreciated!

Kind regards,
Adam



Adam Maskill MArborA
Tree Officer
Hart District Council


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