TPOs??

[Simon Rotheram]

As has been pointed out. There are TPOs on a wide range of trees from seedlings to stumps. Because a TPO is a landcharge there doesn't even have to be a tree there!!!

 

what happens if you plant a tree on a site that has the landcharge on it?... can you be fined for grinding out a TPO stump?

[Amelanchier]

what happens if you plant a tree on a site that has the landcharge on it?...

 

Do you mean if there was a spot that was 'reserved' for a TPO tree to be planted? You might have to move it I guess. Depends what you put in.

 

 

can you be fined for grinding out a TPO stump?

 

Theoretically I'd suggest you could. If the stump was still live and could reasonably be assume to regrow (Sweet chestnut for example) then you might be found guilty of the lesser offence of unauthorised works. Of course if you had applied to 'remove' the tree then you'd have that base covered.

[Simon Rotheram]

Thank you - no further questions.

[Yorkshireman]

Stump removal grinding

 

If the protected tree has already gone then permission must have been obtained

 

The Blue book says

offences are cuts down uproots or wilfully destroys a TREE

or tops, lops or wilfully damages A TREE in a way that it is likely to destroy it

 

the definition of A TREE is not specified in the legislation Although there is distinction made for shrubs or bushes which are not covered by this legislation

 

However I believe it to be along the lines of

A woody perenial plant that supports leaf bearing branch structure At some height

 

 

So IMO stump grinding is exempt , however Do your own checks with your own TO LA planning officer & get a written statement as to their policy if there is any doubt as to the changeability of their views

Edited February 5, 2009 by Yorkshireman

[Amelanchier]

Consent may have been granted to coppice, the tree may have failed or been felled illegally. I think that if it could be expected to regrow to a tree/trees then it'd be worth checking but your right different LPAs will have different opinions.

 

You're quite right that the legislation does not define a tree - the closest thing is "...anything that one would ordinarily call a tree..." (or something like that!)