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Poole Borough Council case


Adam M
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On ‎16‎/‎12‎/‎2018 at 17:06, EdwardC said:

If the box was not ticked, I'm not sure of the consequences.

The system works like this where a felling licence is required and a TPO applies:

1) If you tick the box on the felling licence form, the FC liaises with the LA and the felling licence trumps the TPO, if the felling licence is given.

2) You don't tick the box, so the FC makes the decision without consulting the LA and without taking the TPO into account and any resulting felling licence doesn't trump the TPO. Implement the felling licence in such conditions and you're felling protected tree(s) without permission......we all know the consequences of that.

Egg on face for the applicant; no defence for the contractor......if it's as clear cut as above.

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Great summary John H. The wording from the FC guidance 'Tree Felling - Getting Permission' is as follows:

"If we issue a felling licence for trees covered by a TPO or which are in a Conservation Area and you have not declared the existence of the TPO or Conservation Area, then the felling licence will not cover the felling of these trees and you may commit an offence by felling them.

If we grant a felling licence and the local planning authority objects to your proposals, the application will be referred to the Secretary of State for the Environment Transport and the Regions."

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The TPO is here:

 

http://webapps1.poole.gov.uk/reportit/default.aspx?incidenttype=tree preservation orders

 

http://webapps1.poole.gov.uk/mapthatdocuments/TPO_documents/TPO1/0/0181.pdf

 

Good to see they are online, a bit annoying that the page orientation is all over the place.

 

A 1962 Area TPO - that could have done with some updating in the intervening 50+ years.

 

https://www.lgo.org.uk/decisions/environment-and-regulation/trees/06b16269

 

Edited by kevinjohnsonmbe
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  • 4 weeks later...
27 minutes ago, Adam M said:

Either a ‘shrewd move’ by progressing the application via a 3rd party (RSPB) thus creating a veneer of legitimacy and ‘distance’ from the tree owner.....

 

Or, a genuine lack of appreciation of the implications....

 

Mmmmmm, layers of separation x area TPO which probably should have been updated and reissued in a better form = muddy waters. 

 

Maybe the money / influence / outrage of the neighbours + decent prosecution track record of that LA might tip the balance in favour of progressing a prosecution?

 

Maybe a re-planting scheme as a compromise?

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5 hours ago, EdwardC said:

If you truly want habitat/SSSI restoration then get rid of the golf course and return it back to heath.

not only heath, a lot of good market gardens have become golf courses round here, as well as the dairy farm where I started work, terrific waste of space but I'm biased as I don't play.

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  • 4 months later...

Parkstone Golf Club wont be prosecuted for cutting down trees

 

https://www.bournemouthecho.co.uk/news/17658598.parkstone-golf-club-wont-be-prosecuted-for-cutting-down-trees/

 

“We have sought external legal advice and it is very clear that the felling licence issued by the Forestry Commission outweighs any tree preservation order," he said. "The Forestry Commission appears to have made a serious error in not consulting with the council before granting the licence, which is regrettable, but as the licence has been granted it prevents the council from taking its normal course of action.

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