Qualifying Criteria for TPO

[AllTrees]

Can anyone help please? Is there a general set of rules that an LPA / TO are following when deciding on the merit of a tree. The reason I ask is that I had given notice to fell a Silver Birch in a conservation area that has decay in the upper crown caused by the central leader breaking out at some point in the past. The tree now has 3 very large leaders about 40ft up growing from weak and rotting timber and is situated at the very front of the property and over-hanging a main road.

 

In response the LPA has said they are issuing a TPO, not because the tree is worthy preservation ( they have put in writing that consent will be given to fell) but to ensure they have the legal position to enforce the re-planting of a similar specimen. If the tree is of such a condition that it can be felled how can it be classed as having "amenity value"?

 

The client had already expressed to the LPA that they would re-plant. As it is not a condition to re-plant trees in a CA can the LPA use a TPO (illegaly?) to enforce it?

[Gary Prentice]

Sounds like they're stretching things a bit. 

What's odd is that hey have given consent to fell. They can't consent a notification. They either don't oppose the notified works or they have to serve a TPO and run through the process, waiting for objections/representations etc and then confirming the order within six months.

 

You can, of course, just fell it as soon as six weeks elapse after the notification if no TPO is served. I think that they are playing hard and fast with the rules just to get a new tree in. Is it in a prominent location.

 

I've never got a satisfactory response from an LA when I've asked how they define amenity, it seems to be whatever the TO wants it to be at the time . 

 

 

 

[slack ma girdle]

The Tempo tree assessment might help.

http://www.flac.uk.com/downloads/tree-assessment-systems.html

[slack ma girdle]

I have used it a number of times to justify trees lack of suitability for TPO order.

[Gary Prentice]

2 minutes ago, slack ma girdle said:

I have used it a number of times to justify trees lack of suitability for TPO order.

I used it once at appeal. it was ignored by everyone

 

 

I'm just trying to track down when there is an obligation to replant in a CA. 

[AA Teccie (Paul)]

11 hours ago, AllTrees said:

In response the LPA has said they are issuing a TPO, not because the tree is worthy preservation ( they have put in writing that consent will be given to fell) but to ensure they have the legal position to enforce the re-planting of a similar specimen.

Hmmm, thought this was, in the least, frowned upon as a practice. The LPAs 'best bet' would have been to encourage removal on the grounds of 'being dangerous' and then a replacement would have been an automatic requirement.

Edited April 29, 2019 by AA Teccie (Paul)
Added clarifying text..

[Chris at eden]

2 hours ago, AA Teccie (Paul) said:

Hmmm, thought this was, in the least, frowned upon as a practice. The LPAs 'best bet' would have been to encourage removal on the grounds of 'being dangerous' and then a replacement would have been an automatic requirement.

That is the down side if the new regs (2012).  Its not dangerous now, its an immediate risk of serious harm, so again that is stretching things a bit if the risk isn't imminent.  That said, I would also take that approach and pursue via section 213 rather than the approach they have taken. 

   

[AllTrees]

From the decision notice in response to my notification of works in a CA

 

( 1) T2 (Birch) is a large and prominent tree within the Woburn Sands Conservation Area. However, it is noted that the tree is in decline. In order to be able to enforce replacement planting following felling of the tree, a Tree Preservation Order shall be placed on the tree. There are no objections to the proposal to fell T1 (Apple)

[kevinjohnsonmbe]

24 minutes ago, Chris at eden said:

  That said, I would also take that approach and pursue via section 213 rather than the approach they have taken. 

   

Which part Chris?  Wait for it to die and then require a replacement?  (was typing that before the next post came in with detail of the DN)

 

 

 

9 minutes ago, AllTrees said:

From the decision notice in response to my notification of works in a CA

 

( 1) T2 (Birch) is a large and prominent tree within the Woburn Sands Conservation Area. However, it is noted that the tree is in decline. In order to be able to enforce replacement planting following felling of the tree, a Tree Preservation Order shall be placed on the tree. There are no objections to the proposal to fell T1 (Apple)

So, 'shall be' is different to 'has been.'  If the 6 week point arrives and no provisional TPO has been publicised can the tree be felled under s211?

 

 

[AllTrees]

Sorry I forgot to add; the decision notice was issued 1 day before 6 week period expired. So now an application to fell will be required before the TPO is confirmed?