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how to tell if tree is 21 years old or less


aiden
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Sounds like you are dealing with an Area Order. See below from the 'Blue Book':

 

Areas of Trees

3.17 Using the area classification (the so-called 'area order') is an alternative way of

specifying scattered individual trees. All the trees within the defined area on the map are

protected if their description in the 1st schedule of the TPO is all-encompassing (eg 'the

trees of whatever species within the area marked A1 on the map'). The LPA may limit the

TPO's protection to those species within the area which make a significant contribution to

amenity, and this should be made clear in the description of the trees in the 1st Schedule

(eg 'the oak and beech trees within the area marked A2 on the map'). The area

classification has its drawbacks. Firstly, it is possible that trees will be included in the TPO

which do not merit protection. Secondly, unlike woodlands, the TPO protects only those

trees standing at the time the TPO was made. Over time, as new trees are planted or grow

within the area, it may become difficult to say with certainty which trees are actually

protected. This is precisely the difficulty that arose in the Scottish case of Brown v Michael

B Cooper Ltd, where a prosecution failed because of a lack of evidence that trees removed

in 1990 had existed at the time the TPO was made in 1983.

 

I would try and meet your local tree officer on site to agree which trees he will consent to and mark them for removal.

 

If you feel the tree officer is being unreasonable then I would follow Skyhuck's advice - fell the smallest trees, count the rings and then work upwards in diameter.

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Further to Paul's very sound advice I had to determine (similar to you) this from a 1949 area order. A dendrochronolgy study of a small diameter tree measured at 1.5m above ground level was felled at ground level with the annual rings then counted (use a magnifying glass and a felt tip pen as it makes the count easier). I wrote a report to the LA TO identifying those trees I believed not to be covered by the area order. He came out to site, trusted my opinion and we went round the whole site marking those trees NOT covered by the order. Job done, very grateful TO and client chuffed to bits we'd sorted out a very old order. Since then a new TPO has been written to identify precisely those now under the TPO. Proactive business. Happy days.

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the map from the council is too hard to see all the trees ( in cornwall the interative online map only shows conservation areas not TPO's), the council said they couldnt say which trees were covered as were too many. So since is not a blanket tpo ( woodland tpo) it only covers the trees over 21 years old , i just need to decide which trees are under 21 years old . Once i have done this i will call the council and get tree officer to come have a look.

 

...and on that basis they'd be laughed out of court in a prosecution attempt.

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Three wild cherries (or whichever one is native ) planted 5 metres apart in a row.

 

One is 56cm circumference at 1.5 metres or chest height, one is 74cm and the last is 65cm.

 

Which is the oldest?

 

Photo to follow, can't find at the moment.

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Posed it as a question to see what people thought, not to make Skyhuck look bad or anything. I haven't got any better ideas.

 

All planted as whips 20 years ago at the same time.

 

Just posted to show that the proposed system has variables. The fat one looks much older than the thin one going by girth.

 

Be interesting to see what you find when you start chopping and counting rings.

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