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Trees and the Law
Discuss topics relating to trees and the law with regards conservation areas, TPO's and general planning.


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Old 12-01-17   #1 (permalink)
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Area T P O

Hi, I Have been asked to carry out tree work in a garden covered by an Area TPO, dating from 1970 when the houses were built. The species of trees covered are listed and these are obvious when looking at the site as they are all now large trees.
Am I right to assume that only these original trees are still covered by the TPO and that all other trees ( regardless of age, size or species ) are not protected ?
I did crown reduce some Poplars on this site in the 90's and applied to planning at the time. I now think I need not have applied, but the Tree Officer never indicated otherwise.
Grateful for advise / opinions please.
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Old 12-01-17   #2 (permalink)
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Re: Area T P O

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Originally Posted by Transplanted View Post
Hi, I Have been asked to carry out tree work in a garden covered by an Area TPO, dating from 1970 when the houses were built. The species of trees covered are listed and these are obvious when looking at the site as they are all now large trees.
Am I right to assume that only these original trees are still covered by the TPO and that all other trees ( regardless of age, size or species ) are not protected ?
I did crown reduce some Poplars on this site in the 90's and applied to planning at the time. I now think I need not have applied, but the Tree Officer never indicated otherwise.
Grateful for advise / opinions please.
IMO, yes
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Old 12-01-17   #3 (permalink)
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Re: Area T P O

Correct only the trees that were there at the time the TPO was served - and hopefully listed in the schedule - are covered by the TPO providing there has been no review/update. The only grey area comes when in the schedule they list 'trees of whatever species including'..this leaves ambiguity in relation to are some of the trees of a size to have been present at the time of serving?? Hence the reason for TPOs to be updated and for Area TPOs only to be used in urgent situations to then be reviewed.
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Old 12-01-17   #4 (permalink)
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Re: Area T P O

[QUOTE=Roz;1541913]Correct only the trees that were there at the time the TPO was served - and hopefully listed in the schedule - are covered by the TPO providing there has been no review/update. QUOTE]

AND no new TPOs have been made covering additional trees, and occasionally original ones (unlikely but covering all angles.)

Also confirming it is an Area TPO and not a Woodland, as that may include regen + under-storey in some situations.

Cheers,
Paul

PS another good post and informative replies here = CPD = thanks ARBTALK n ARBTALKERS
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Old 12-01-17   #5 (permalink)
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Re: Area T P O

And none of the younger trees are conditioned replants from consented fellings, that have been then TPO'd


Nothing's ever straight forward....
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Old 12-01-17   #6 (permalink)
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Re: Area T P O

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And none of the younger trees are conditioned replants from consented fellings, that have been then TPO'd


Nothing's ever straight forward....
..or replants from exempted, sorry excepted, removals automatically TPO'd (I think)

Absolutely..

Cheers Gary, hope yer well
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Old 12-01-17   #7 (permalink)
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Re: Area T P O

An area TPO that we work in for a client in the Welwyn and Hatfield area lists species covered rather than trees do you think that trees that have grown subsequently are also covered then?
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Old 12-01-17   #8 (permalink)
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Re: Area T P O

I do some work for a architectural concrete manufacturer, there whole site is TPO ed, it's an ex railway goods yard with embankment s either side with some really nice trees and mostly scrotty regen/ self seeded crap, TO wont let us touch anything without application. It's frustrating because what ever nice trees are coming through are being crowded out. And going through 2000 odd saplings on a application is not gonna happen!
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Old 12-01-17   #9 (permalink)
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Re: Area T P O

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I do some work for a architectural concrete manufacturer, there whole site is TPO ed, it's an ex railway goods yard with embankment s either side with some really nice trees and mostly scrotty regen/ self seeded crap, TO wont let us touch anything without application. It's frustrating because what ever nice trees are coming through are being crowded out. And going through 2000 odd saplings on a application is not gonna happen!
Unless the TPO is a woodland order, only the trees present at the time the (area) order was made are protected. The TO can tell you what he wants but your defense is solid if you fell younger trees not present at the time the order was made.

I would get a copy of the order, a copy of the 2012 regs and ask him to then justify his position

Edit. The TO can't actually prevent you doing the work, all he can actually do is to provide evidence in court that you have contravened the TPO. Personally I would email the planning department, specifying the work you intend to do to trees that ARE NOT PROTECTED by the tpo, highlighting why they are not protected and see what response they come up with. They will either admit that they are not protected, ignore your correspondence, bluster that they are protected or serve a new TPO. Might be worth reminding them that an area order is only intended as an emergency measure until such time as they can survey properly and they can serve a new order showing groups and/or individual trees that actually merit protection.
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Last edited by Gary Prentice; 12-01-17 at 07:56 PM..
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Old 12-01-17   #10 (permalink)
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Re: Area T P O

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Originally Posted by Gary Prentice View Post
Unless the TPO is a woodland order, only the trees present at the time the (area) order was made are protected. The TO can tell you what he wants but your defense is solid if you fell younger trees not present at the time the order was made.

I would get a copy of the order, a copy of the 2012 regs and ask him to then justify his position

Edit. The TO can't actually prevent you doing the work, all he can actually do is to provide evidence in court that you have contravened the TPO. Personally I would email the planning department, specifying the work you intend to do to trees that ARE NOT PROTECTED by the tpo, highlighting why they are not protected and see what response they come up with. They will either admit that they are not protected, ignore your correspondence, bluster that they are protected or serve a new TPO. Might be worth reminding them that an area order is only intended as an emergency measure until such time as they can survey properly and they can serve a new order showing groups and/or individual trees that actually merit protection.

Nice one, some very good advice there. While I've no intention of falling out with my local TO I will bring up the fact it s emergency measure and the order being in place is detrimental to the trees rather than helping them
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