Blanket TPO's

[Andy Collins]

Where a blanket TPO is in force on an area, do any newly planted trees within this area become subject to the regulations? My opinion is that it does, but i need the facts.

[Amelanchier]

There are four main designations within modern Orders. Individual, Group, Woodland and Area. A single Order might be composed of any combination of these designations.

 

The term blanket could refer to either an Area Order or a Woodland Order. If its the former - newly planted trees are not protected (unless they are replacements). If its the latter - a Woodland Order then newly planted trees would be covered.

 

[nepia]

Where a blanket TPO is in force on an area, do any newly planted trees within this area become subject to the regulations? My opinion is that it does, but i need the facts.

 

 

I live in a block of eighteen houses and gardens with a blanket TPO preserving any tree of 'whatever species' present in July 1973. The paperwork includes a map with each preserved tree marked, which would imply wouldn't it that any tree not on the map, i.e. grown after that date, is not subject to the Order. There is nothing in the text to specifically exclude them but logic would surely dictate that I'm free to prune my ceanothus, twisted hazel, viburnums etc in my garden that I've planted in the last 12 years.

[Amelanchier]

Thing is - there is no such thing as a 'blanket' TPO. It's a misleading misnomer.

 

If you have an Area Order, which it certainly sounds like you do, it would be odd and unesseccary to mark the individual trees... As you say "any tree of whatever species" that was present in 1973!

[Big 'Ammer]

I recently cut down a cedar for a customer who had successfully appealled against the councils original decision not to allow felling.

 

He argued that the tree was not present in 1971 when the area order was made and used testimony from the previous occupants and an aerial photo from about 1978 showing the tree as about 6 foot high as part of his case.

 

The house was built in 1972/3 and the tree must have been planted in about 1974 when they did the garden, which tallied with the ring count.

[Amelanchier]

I recently cut down a cedar for a customer who had successfully appealled against the councils original decision not to allow felling.

 

He argued that the tree was not present in 1971 when the area order was made and used testimony from the previous occupants and an aerial photo from about 1978 showing the tree as about 6 foot high as part of his case.

 

The house was built in 1972/3 and the tree must have been planted in about 1974 when they did the garden' date=' which tallied with the ring count.[/quote']

 

Was it a good tree?

 

Sounds like the LPA dropped the ball there, should have reviewed the Order sooner!

[Big 'Ammer]

Was it a good tree?

 

The firewood man seemed to think so!

 

There wasn't anything wrong with it apart from it had outgrown its situation next to his house.

 

He is planting something else a bit further away.

 

Apparantly it was planted by the last people along with a selection of other 'dwarf' conifers from the garden centre!

[Dean Lofthouse]

Was it a good tree?

 

 

In the domestic arena, a small slow growing one

[Andy Collins]

Back to my original query, the group of trees were subject to an emergency TPO last year, covering the whole group, subsequently further trees have been added to the plot. I have a copy of the order from the council, which I will have to dig out when I get a spare 5 mins.

[Bundle 2]

" If you have an Area Order,it would be odd and unesseccary to mark the individual trees... "

 

How then can an LPA hope to have any record of the order beyond the paperwork that relates to it? ( ie.....the trees that are covered ) In theory you could have a dispute after the fact where a tree(s) have been removed ...