Blanket TPO's

[Amelanchier]

The reasoning behnd my query is to ensure that these new trees are adequately protected in law, I've still to dig out the paperwork (due to a long day) so I can review it properly.

 

Are they replacements for removed TPO trees???

[Andy Collins]

No these are additional trees planted within the same area covered by Emergency TPO, since the TPO was served.

[18 stoner]

Can you get the TO to update the existing order to cover the latest trees Andy?

[Andy Collins]

Ok heres the gumf:

"Any tree specified in schedule 1 to this Order or compromised in a group of trees or in a woodland so specified, except with the consent of the authority and where such consent is given subject to conditions, in accordance with those conditions" I cannot see anything as to whether it also encompasses the planting of new trees after the order was served.

[Bundle 2]

Not particularly clear from that but suspect that the inference is by default , that they may well NOT be covered.....

 

" Can you get the TO to update the existing order...."

 

I think I would take this course of action...at least you could seek clarification from the LA as to current &/or intended status of the order.

Who knows what may be occurring behind the scenes so to speak..

[18 stoner]

Think i'm the same Andy, assume they aren't covered.

 

As i understood it, as many have already pointed out, anything in the ground on the date of the order is protected, anything after isn't. Thus differing from Conservation area protection.

 

Do you have a good rappour with your LA? They obviously must have a valid interest in the site for them to impliment the emergency TPO in the first place. Could be some brownie points in there for you:sneaky2:

[Andy Collins]

D'oh, i think I've missed the glaringly obvious here. The whole site is covered by Conservation Area status, the emergency order was placed because of the actions of the developer, to protect the RPA of the existing trees. Any new trees would be covered under the C/A, so would not require the TPO coverage. I think I was trying to over-complicate the issue!

[18 stoner]

Nice one Andy, sign of old age i'm afraid:001_tongue:

 

Just wondering though, how big are the trees? Going from memory(correct me if i'm wrong), a tree needs to be 70cm girth at 1.4m height to require submission of intension of works in conservation area, therefore any small trees recently planted may not have any protection at all.

[18 stoner]

The edit fuction timed out on me before i saw what i had typed! I believe its diameter 7cm, not 70cm girth!

 

Age i suppose!

[Nimby]

CA Exemptions

 

(4) for work on a tree with a diameter not exceeding 75 millimeters - Diameter is measured at 1.5m above ground level.