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Couple win case against council on TPO tree


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Ok, Devils advocacy.:001_smile:

 

Is it really the TOs job to retain "as many trees on a development site as possible"?

Shouldn't it be to retain as many as is reasonable or sustainable or some other word.

When I see opinions like that from TOs I think it would confirm to any developers that TOs are "the enemy" and seek to retain trees out of spite or simply to justify their jobs.

 

Sorry, that was a bit badly worded. As I understand it a TO's job description is along the lines of " to protect and improve the canopy cover within the borough". i.e. protect and improve the tree stock.

 

On a development site, I would assume that using the BS5837 arb report the 'best trees' - Cat A's and B's are looked to be retained within the development. I should have qualified "as many 'good' trees as possible.

 

My point is the planning department are or appear to be on a different agenda, to get as many houses in as possible to tick target boxes.

 

I've had many discussions over the years and have met few TO's who believe that everyone is on the same page regarding tree retention and protection on development sites. I've also met a few who admit that they are not always consulted or get to see the arb reports until after planning consent is granted.

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Is it really the TOs job to retain "as many trees on a development site as possible"?

Shouldn't it be to retain as many as is reasonable or sustainable or some other word.

When I see opinions like that from TOs I think it would confirm to any developers that TOs are "the enemy" and seek to retain trees out of spite or simply to justify their jobs.

 

I was going to make the same point myself; I hope one of the roles of a professional is to anticipate problems so that new designs/layouts can avoid them as far as possible. Removal of trees is one of the options available!

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For those of you looking at this case - the decision is available from the Bailli website under Upper Tribunal (Lands Chamber) - bear in mind it was decided under the old system; whilst the case is dated 2016 it was lodged in 2010 so fell under the transition provision of the 2012 regulations. The situation might have been different under the 2012 regs.

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In my experience, the TO rightly wants to protect and retain as many trees on a development site as possible (that's his/her job) but the planning office have targets set by the authority for new houses each year/5 yr term.

 

The conflict between the two different departments ends up in either tree loss or retained trees under pressure to be inappropriated pruned or removed as soon as the new occupier moves in.

 

Good post, Gary.

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  • 2 months later...

Wouldn't it be nice to read an article titled "62 year old council property demolished as it was causing problems to the residents of a 350 year old oak tree". Avian and insectivorous residents of Quercus robur complained of noise, litter, smoke from fires and late night parties! The house has since been removed in a victory for residents at Quercus [emoji1][emoji268]

 

 

Sent from my iPhone using Arbtalk

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Mmmmmm, oak trees growing old and living disgracefully right next to houses.

 

Could that ever work............

 

[ATTACH]209483[/ATTACH]

[ATTACH]209484[/ATTACH]

[ATTACH]209485[/ATTACH].

 

Oy! my property is devalued cos I can't get no decent satellite signal and I can't sweep leaves cos of my depression caused by the stress of poor tv reception.

Any one know a caravan dwelling tree fella who might do the job for the wood?

 

:lol:

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  • 3 weeks later...

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