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Qualifying Criteria for TPO

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2 hours ago, Anno said:

Won't comment on the case, however the Condition for the replanting of the tree is part of UK Law, in the Legislation it states –

The Duty to Replace Trees

11.2 Under section 206(1) of the Act the landowner is under a duty to replace a tree which is removed in contravention of the TPO. Outside woodlands the duty also applies if the tree is removed because it is dead, dying or has become dangerous (for more advice on the replacement of woodlands see paragraph 11.11-11.12 below).

11.3 The duty on the landowner is:

(1) to plant another tree,

(2) of an appropriate size and species,

(3) at the same place,

(4) as soon as he or she reasonably can.
 

A couple of thigs here. Firstly that legislation does not apply to NI and Scotland and only partly to Wales. Scottish rules are slightly different. Second thing is that replanting obligation is for breaches of TPO or where tree is removed becasue it is dead or an immediate risk. 'Dying' AND 'dangerous' don't count. Where a TPO consent is granted it can be granted subject to replanting conditions, so there is discretion for the Council and no need for mandatory replanting. The situation that was being discussed was the making of a TPO so that conditions about replanting could be applied. Otherwise removal would have been allowed under CA notification rules and there would be no legal competency to seek replanting.

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11 hours ago, sbyorkshire said:

Dying  or perhaps decling tree does not  (normally) be suitable for a TP0, its ameinty value shall be detailed (by a method) and provided at the time of the the TPO, provisonal, I would suggest contacting the LPA  legal department to ask'when ' the amienty assessmrnt was actually made as we often have them 'post' dated to the TPO, ie the tree offier trying to back track.

 

Lets just be honest not cloak and dagger, is the tree 'worthy' oF TPO, if so prove it , time stamped at the right time of issue not manilpulated to cover your ar..e,,, by an ameinty valuation method (would be brilliant if an agreed system but a system that has transprancey and detailed to allow interrogation) done with transprancey that all qualified assesors can more or less agree on would be a major step forward.

 

Lets stop the manilpulation of 'truths' and perhaps the tree owners will trust the system and 'protect' more worthy trees, if they are not worthy lets just get tree owners to 'love' trees so they will plant more 'anyway' irrelevant of whether they are are 'made' to. The manipulation just makes garden/land owners hate trees !

 

Rant over,  maniplulating the system just gives a bad taste to tree surgeons, tree surveyors, tree owners, and they will come out fighting, the result, less trees...............

 

 

Well there's the partial bollocks of assessment systems that take into account condition, quality, SULE etc. . They might well be used to assess a particular tree at a particular location as the basis for making an Order in the first place, but once the TPO is made the replacement rules can be used to ensure there is always A tree at a particular location. It makes no sense, therefore, to use an assessment system to assess a declining tree when a TPO application is being considered (or, arguably, a CA notification is being considered). The imporance of the position for the provision of tree amenity has become important.

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