Yew hedge with tpo

[kevinjohnsonmbe]

Want my money back....?

 

That's what I would be saying to whoever it was that prepared & submitted the planning application (I'm assuming you paid someone to do it as you say you used their arb company for the appeal.)

 

It couldn't be clearer in the planning app form that you need an arb report if there are trees on or adjacent to the proposed development. Even if you argue the "hedge card" you've said it's TPO'd so the council think it's worthy so you (your agent) needs to think the same way until or unless the TPO is amended / revoked or the planning officer over rules it (good luck with that!)

[Wantmymoneyback]

Our planning application and appeal were both refused on another point so we are no longer looking to go ahead with the front extension.

 

We are now looking at this purely from a matter of aesthetics and safety and would really like to remove the hedge.

 

I shall get some photos posted later.

 

Many thanks for all input so far.

[Gary Prentice]

Looks like a PINS inspector will have to have the final say in the matter

[Wantmymoneyback]

Please find attached photos.

 

Prior to the lower foliage being removed, looked far more like a hedge as you could not see the stems. In my non arb opinion and purely from aesthetics i think they look awful......

 

[daltontrees]

Looks like a PINS inspector will have to have the final say in the matter

 

I'm nt so sure about that, if the question is whether the yews are trees and threrfore that the TPO stands. Inspectors notoriously steer well clear of that sort of judgement and say it is a matter for the courts. Even the Secretary of State says this, and the Inspectors are his minions.

[daltontrees]

It comes from the primnarily legislation. TCPA s198 If it appears to a local planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area [my emphasis]

 

This is reinforced in the Planning Practice Guidance Can shrubs and hedges be protected by a Tree Preservation Order?

Authorities may only use an Order to protect anything that may ordinarily be termed a tree. This would not normally include shrubs, but could include, for example, trees in a hedge or an old hedge which has become a line of trees of a reasonable height.

 

Whether the yew trees in qustion are a hedge or trees is a matter of judgement for the local authority, and they have judged them to be trees.

 

Ed

 

Thanks, that's kind of where I thought it came from and it is not therefore a formal exemption. Indeed it wold appear that (as you suggest) because there is a TPO and because hedge trees can sometimesd be trees, the LPA has deemed them trees and has TPOd them.

 

I had a look back through Palm Developments and was reminded that "As already noted, there is no definition in either the 1990 Act or the 1999 Regulations of “tree”, “woodland”, or “sapling”. “Tree” must therefore mean anything that would ordinarily be regarded as a tree. Thus it would not include a shrub, a bush or scrub. There is also clear authority that it includes small trees." The last point I think refers to Bullock v Secteratry of State.

[daltontrees]

Please find attached photos.

 

Prior to the lower foliage being removed, looked far more like a hedge as you could not see the stems. In my non arb opinion and purely from aesthetics i think they look awful......

 

pics

 

I'm sorry to say that I think that in this case the use of a TPO to resist the loss of this hedge was within the competence of the Council.

[Wantmymoneyback]

I'm sorry to say that I think that in this case the use of a TPO to resist the loss of this hedge was within the competence of the Council.

 

May I ask as to why- everything I have read seems to imply that a hedge can not or shoul;d not have a TPO?

 

From an arb perspective why are these trees so valued? We would bee looking to remove them and plant some other trees and plants.

[woodyguy]

It certainly is a dominant hedge. I'm not qualified to comment on the TPO legalities but have you considered applying to reduce it's height to 2m, where you might well be on stronger legal grounds?

[Wantmymoneyback]

It certainly is a dominant hedge. I'm not qualified to comment on the TPO legalities but have you considered applying to reduce it's height to 2m, where you might well be on stronger legal grounds?

 

Excuse my ignorance- Why would I be on stronger grounds if it was below 2m?