UKTC Archive

Re: [EXTERNAL] RE: Post-planning enforcement period tree failures

Subject: Re: [EXTERNAL] RE: Post-planning enforcement period tree failures
From: Bill Anderson
Date: Mar 03 2021 16:53:37
The "C" might as well stand for "confusing" in my experience. And relying
on them might very well be tricky. While the principle might be all very
well, such an Order almost certainly will want reviewing soon after the
trees are planted, assuming it ever happened.

On Wed, 3 Mar 2021 at 16:46, Howe, Ron <Ron.Howe@xxxxxxxxxxx.gov.uk> wrote:

You can do what you like if the tree officer recommends it. I've made
several C Orders.

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

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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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