<<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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