UKTC Archive

Re: Definition of public.

Subject: Re: Definition of public.
From: Michael Richardson
Date: Jul 26 2021 11:40:52
Amenity is not used here in North America but the term is generally used as
benefit.

An interesting point if you do a cost/benefit analysis for development we
see that trees can easily be defined as costing the developer x$ by
preservation and reducing xunits of accommodation etc., but the public
benefits are not easily identified (specifically), let alone quantified in
a way that the costs and benefits can be compared.  How do we assess the
monetary value of a view, or feeling good, etc., let alone compare the
public benefit vs. the private cost and make a decision?

I am involved in a tree preservation issue where the magnificent tree has
already shed a large limb and threatens more.  The cost of preservation to
stabilize and prevent failure is 10's of thousands, the public loves the
trees, but the tree managers believe that large trees should be removed,
and the municipal owners do not want to spend the money.  How do you
compare the benefits to the cost and the risk?

Michael



Michael Richardson B.Sc.F., BCMA
Ontario MTCU Qualified Arborist
Richardson Tree Care
Richardsontreecare.ca
613-475-2877
800-769-9183

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On Mon, Jul 26, 2021 at 7:23 AM Jon Heuch <jh@xxxxxxxx.co.uk> wrote:

[Text converted from HTML]
 WILKSON PROPERTIES LIMITED - and - ROYAL BOROUGH OF KENSINGTON AND
CHELSEA [2010] EWHC 3274 (QB)
Whilst this judgment got bogged down in council procedure as to how an
opposed TPO should be considered, the judgment only mentions the word
"public" 113 times.
published in early 2011, so predating current guidance
Central London so not too relevant to most suburban gardens
Para 87 onwards considered the point:
It seemed to turn on whether a "reasonable degree of public benefit"
accrued from the tree, not just its simple visibiilty.
My judgment copy ends on page 34 at para 151 and I am not convinced I
have the full judgment but the TPO was quashed but with a delay allowing
the council to serve a new TPO before its quashing. The issue of whether
the council's tree officer had given due consideration as to whether the
tree provided public benefits or was private was not a matter that led to
the quashing of the TPO.
Jon



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