You can do what you like if the tree officer recommends it.
Section 4 of the standard TPO
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.
Planning Act 1990
S.197Planning permission to include appropriate 'provision' for preservation
and planting of trees.
It shall be the duty of the local planning authority—
(a)to ensure, whenever it is appropriate, that in granting planning
permission for any development adequate provision is made, by the imposition
of conditions, for the preservation or planting of trees; and
(b)to make such orders under section 198 as appear to the authority to be
necessary in connection with the grant of such permission, whether for giving
effect to such conditions or otherwise.
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: 03 March 2021 16:40
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: [EXTERNAL] RE: Post-planning enforcement period tree failures
Warning: email from outside of MVDC - if in any doubt do not open links or
attachments, or carry out requested actions ________________________________
Just returned from a day that started with sunshine and ended with monsoon!
Many years ago Richard Nicholson brought into focus an LPA's power to make a
TPO on a tree yet to be planted as a planning condition (he christened it a
'CTPO' - no, nothing to do with Star Wars).
I confess that I have never encountered one, but I did speak to Mynors after
the 2012 regs were enacted and he saw no reason why that power would have
been removed.
Jim
-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of "john.cooban"
Sent: 03 March 2021 12:04
To: UK Tree Care
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.
1. 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?
2. 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?
3. Shouldn't 'planning' shouldn't be far more discerning regarding the
landscape elements of schemes that really merit conditioning for longer term
benefit? 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?
Any answers / thoughts gratefully received.
Kind regards
John Cooban
Crawley, West Sussex.
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