UKTC Archive

RE: Post-planning enforcement period tree failures

Subject: RE: Post-planning enforcement period tree failures
From: Andrew Jones
Date: Mar 03 2021 15:01:06
<<Why is it that trees that shown on planting (and/or tree protection) plans 
approved to satisfy planning conditions, shouldn't be subject to an automatic 
default consideration of TPO status?>>



They should be subject to consideration for inclusion within a TPO and LPAs 
have a legal duty to do so 
https://www.legislation.gov.uk/ukpga/1990/8/section/197



That said there is also a whole host of reasons why LPAs don’t generally do 
this in practice (apologies to any LPAs that do) mostly due to expediency and 
resource availability (why make a TPO now when you already have too much work 
to do and planning conditions provide adequate protection in the short term - 
most LPA arborists are optimists and those long promised additional resources 
for TPO review are just around the corner...)





<<Is there a difference between a future amenity benefit sought from trees 
shown on an approved 'landscaping scheme' and the level of amenity 
necessarily attributable to a tree for a TPO outside the context of a 
planning development?>>


National planning policy guidance states that when considering whether trees 
should be protected by a TPO LPAs should develop ways of assessing the 
amenity value of trees in a structured and consistent way 
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#amenity-means
 and you would hope that this structured way might include consideration of 
future benefits.

Although, applying a structured and consistent assessment of amenity value to 
all trees shown on detailed planting plans in association with the 
consideration of development proposals (as per the LPAs legal duty) might be 
resource heavy for most LPAs.


<<Shouldn't 'planning' shouldn't be far more discerning regarding the 
landscape elements of schemes that really merit conditioning for longer term 
benefit?>>



Yes they should, and you can’t use conditions to secure longer term benefits 
of trees is prohibited - that’s what TPOs are for and LPAs have an legal 
duty…. Etc.



<<Does a tree shown on an approved planting plan have only the same status in 
planning as, say, the daffodil bulb scheduled on the same plan to be planted 
nearby?>>



Yes.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of "john.cooban"
Sent: 03 March 2021 12:04
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Post-planning enforcement period tree failures





Hello; some questions mainly for Tree Officers, I suppose, prompted by 
another incidence of post-planning enforcement period failure and/or 
disappearance of trees just a few more than five years on from completion of 
development.





Any answers / thoughts gratefully received.



Kind regards



John Cooban

Crawley, West Sussex.









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