Working for a previous (District) LA with some very large developments between 3000-10,000 units I tried to use S106 to secure planting at the onset to secure appropriate planting within the highway infrastructure at the start whereby the LPA took on the responsibility of the trees with the S106 money for a period of 12 years until a PC or Town Council were established to take on the responsibility. Thereby ensuring they were watered, pruned etc and where required replaced to ensure good establishment............I was not given any support higher up the ladder (highways were supportive).
Coming back to the 4 questions looking at why the legislation came about is a starting point, ok trees are not being felled due to timber shortages these days but as already mentioned the conflict of development and other land requirements v’s trees is a problem. Is the legislation appropriate well no law is, we all know the law is an ass in many ways? Used in the right manner for the appropriate reasons yes it is necessary to retain valuable trees for whatever their purpose, enhancing a development, context and character of an area, historic, commemorative??
2. – confidence in the system depends on the TO or officer not necessarily an arborist dealing with applications and serving of TPOs, and therein lies a problem as we are talking about humans and their characters. I have met TO’s who think they are the tree police and IMO put TO’s in a very bad light. We’re generally meant to be on the same side aren’t we ??
3. – still thinking on that one…………………………………….
4. – We all know of trees that would disappear if TPO legislation was removed, however can it not be viewed more as a management tool too ? As a LPA can condition replacement trees to ensure the treed character of an area is retained where you have significant trees in private ownership? Which will require management over the years by tree surgeons, consulting arborists??
Touching on the comment about prosecution………….this can be very difficult in respect of what is in the public best interest………..yes it costs money, there are also the hidden costs of officer time with the administrative aspect, interviews under caution etc to bring a prosecution therefore much consideration has to be given as to the alternatives that can be used e.g. replacement planting notice? In going to court the LPA must be 100% + sure.
Having moved from a rural district with land being gobbled up by development to a borough council with all the urban joys!! trees mean different things to different people and cultures so surely we should have some kind of mechanism ?? nothing in life is perfect you have to make the best of what you work with ??