woodland trees in TPO/Conservation area

[daltontrees]

Jules, remember I had a question a while back regarding TPO / Felling Licence which you and Gary commented on (probably lost in the mists of time!) (I still have to summarise that scenario and offer for forum comment but for now it's still an ongoing scenario.)

 

The upshot was, I had TPO'd trees that, due to the volume, and in the absence of FL exemptions, were subject to the FL application procedure.

 

In that case I had already gained LA approval for TPO consent to fell, but on reading up the FL requirement I found that I could have gone direct to FC for felling licence rather than LA for TPO application. Granted, FC will liaise with LA where TPOs exist, but it may be a less 'admin' heavy route by going direct to FC.

 

I also found that where an application for TPO work via LA may result in a replanting condition, according to Mynors, a FL application (on safety reasons) does not confer the same authority to FC to apply the replanting condition.

 

For OP, don't forget Forestry Commission Felling Licence requirement if you plan to exceed the permitted ¼ yearly felling volumes and the FC exemptions don't apply.

 

Kevin

 

Yes it seems to be not quite a loophole but a valid soft alternative to deal with a TPO application by making it a felling application. When the new Scottish Regulations were being drafted about 4 years ago, wisely or unwisely I pointed it out to Parliament but as with most things that sound to them like criticism they just ignored it. So, we have the same soft option up here. I expect if it became a serious problem and was being abused something would be done about it. In the OP's case, I think forced replanting of self-seeders would be ludicrous.

[kevinjohnsonmbe]

Yes it seems to be not quite a loophole but a valid soft alternative to deal with a TPO application by making it a felling application. When the new Scottish Regulations were being drafted about 4 years ago, wisely or unwisely I pointed it out to Parliament but as with most things that sound to them like criticism they just ignored it. So, we have the same soft option up here. I expect if it became a serious problem and was being abused something would be done about it. In the OP's case, I think forced replanting of self-seeders would be ludicrous.

 

 

I'd interpreted it slightly differently. Rather than seeing it as as soft option or a loophole to avoid TPO app, my understanding was that the felling licence is a requirement (notwithstanding exemptions) (regardless of any TPO / CA situation) and the liaison with LA regarding the TPO aspect was undertaken by the Forestry Commission. Presumably they are resourced to do so. I think the point Chris makes above about people 'forgetting' felling licence whilst fixating on TPO apps is a very valid one.

 

I've got one coming as soon as I can get onto the paperwork so I'm going to apply for the felling licence, make the declaration that TPO exists and leave it to travel through the system that way - see what happens! The alternative is I do the TPO app & the FL app which seems to be double the work I should do whilst a Gov department gets an easy ride for a task that should sit in their remit.

[AA Teccie (Paul)]

It is my understanding that trees which have grown after a TPO was made will not be covered by the TPO. I have a small area of woodland which is covered by an area TPO (not specific to the woodland) and wish to remove some self seeded Sycamores. The area is however in a conservation area , what are the rules on this?

 

Hi there, lots of good advice on TPOs / CAs / FLs here so I won't repeat any of it but suffice to say in every instance a woodland management plan would be a very useful document to support any applications / operations etc. you wish to implement.

 

Good luck..

Paul

[daltontrees]

I just typed a long and knowledgeable reply, but my computer decided to delete it and I can't be bothered looking everything up again

[kevinjohnsonmbe]

I just typed a long and knowledgeable reply, but my computer decided to delete it and I can't be bothered looking everything up again

 

 

Bugger!

 

Sometimes long,

 

always knowledgable!

[daltontrees]

Bugger!

 

Sometimes long,

 

always knowledgable!

 

Seriously, my touchpad has reset itself recently so that if you brush it with your palm while typing, it can highlight a whole page of text and delete it irrecoverably in about 1 millisecond. Laptop nearly took flying lessons today...

 

Ahhh the joys of Windows 8 an all the fleas that live in its hair.

[5 shires]

Yes Jules first post

Its not a woodland TPO though Woodguy. Its a standard TPO which covers the whole area the woodland sits in, but how does the conservation area status impact

 

Blanquette T.P.O. As said find the number of your local TREE OFFICER before you go filling in forms etc. Have a chat and exslaine what you intend to to do and ask for his advise and guidance.

[kevinjohnsonmbe]

My understanding would be that whilst the TO may have a look at it for you (depending on workload / disposition), the executive authority actually lays with the Forestry Commission.

 

You can have a felling licence without also having to have a TPO approval (because the grant of felling licence takes account of the TPO), but if you get a TPO approval you still need a felling licence (unless within exemptions).

 

Paul's woodland management plan was good advice, it could result in the grant of a 10 year permission to 'manage' your woodland without having to do FL/TPO apps every time you want to do something:

 

Woodland Management Plan (England)

 

I'd say best point of contact would actually be the area rep for FC rather than TO.

 

England - Areas (England)

[woodyguy]

All good advice, but you started by stating that this was a small area of woodland. You are hence incredibly unlikely to breach the 5cum per calendar quarter rule, unless you're clear felling large areas. I'd prefer to speak to the TO as if you start cutting and the neighbours complain, it wont be to the FC. Forewarned is forearmed.

[kevinjohnsonmbe]

All good advice, but you started by stating that this was a small area of woodland. You are hence incredibly unlikely to breach the 5cum per calendar quarter rule, unless you're clear felling large areas. I'd prefer to speak to the TO as if you start cutting and the neighbours complain, it wont be to the FC. Forewarned is forearmed.

 

http://www.forestry.gov.uk/pdf/TimberVolumeCalculator.pdf/$FILE/TimberVolumeCalculator.pdf

 

5 cums isn't much really.....