Worthy of a TPO?

[Treeation]

1 hour ago, Jcarbor said:

Well constructed wall Swinny, double brick, there’s no way he will allow a reduction, its frowned upon in Harrogate, bracing is not an option either as the problem is still there.

Hi, Interested why you say bracing wouldn't be an opton?

[Mark Bolam]

Bracing wouldn't address the wall problem.

[Jcarbor]

Hi, Interested why you say bracing wouldn't be an opton?

Because the tree is still an issue with the wall being pushed.

[Jcarbor]

Hmmm, good one this , not a rare species / memorial / historic. So would put it under D.D.D. ( pushing wall out onto a footpath - foreseeable wall failure personal injury / death ) for removal and conditional replacement elsewhere. Birmingham bus stop case would be my worry. K

Kriss, my client has said he will willingly replant a tree even though he is not obliged to, I honestly think the only option is to remove the tree.

[Khriss]

24 minutes ago, Jcarbor said:

Kriss, my client has said he will willingly replant a tree even though he is not obliged to, I honestly think the only option is to remove the tree.

Same as, JC, a good root balled specimen tree, 3m or so, in a memorial spot. Cherry removed. Yr legal liability gone. Bit of careful stump grinding.  Win. K

[Jcarbor]

Not advocating / encouraging such but there is a compensation clause in 'the Act' (see https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Compensating-for-loss-or-damage ). It's a more complex aspect of the TPO legislation, which I don't fully understand tbh but I know others in the forum will.
Simplistically, as I see it, if the LPA TPO'd the tree, and then refused consent for removal, on the basis that the tree must stay and an engineering solution found (don't know what / if) if the 'additional cost' is £500 or above, a compensation claim may be lodged. Hi paul thank for the information on compensation, hopefully it won’t come to that and HBC will see sense in the need for the tree to be removed. The wall is IMO more important than the tree. Harrogate is a very nice posh area (as is this private estate in Ripon) yet that should not be the sole reason for blinkered unrealistic decisions being made by un-bending TOs. I trust you are keeping well.
Regards
Jim C
 
Regards,
Paul
 
PS Where you are, Harrogate, is a beautiful spa / garden town is it not, and hence the LA / TOs will seek to protect the trees / urban forest within their jurisdiction / control and oft come under managerial and political (small 'p') pressure to do so.

[Mick Dempsey]

In answer to the OP.

 

No.

[Jcarbor]

In answer to the OP.
 
No.

Straight to the point.?

[kevinjohnsonmbe]

Tricky one. Bit confused. 

 

You say it’s in a CA (but did I miss), does it already have a TPO? I’m guessing not since you ask is it worthy of one?

 

If no existing TPO, I assume it is the LA that has asked you to withdraw the application (S211 notification). 

 

Your potential courses of action are:

 

If CA but no current TPO - decline the ‘invitation’ to withdraw the S211 notice.  Maybe amend it to show intention to replant (albeit without prejudice or obligation) Wait and see if TPO action is initiated by LA. 

 

Withdraw application  / notice. 

 

Difficult to second guess the opinion of person that might review the tree for suitability for TPO but you should be able to access the LAs qualifying criteria for trees prior to initiating a TPO. Might give you a better idea. 

 

Tricky situation and likely to be at the discretion of the person making the judgement. 

 

 

 

 

[Mark Bolam]

17 minutes ago, Mick Dempsey said:

In answer to the OP.

 

No.

In light of the location of the tree Mick, I'd agree.