On 20/03/2011 01:03, Janet wrote:
In , kay.7faca16
@gardenbanter.co.uk says...

So - is this the attitude tree officers are taking elsewhere,
or is my
particular tree officer not quite au fait with the legislation (my
father believes that there is something in the primary legislation
saying that it shouldn't override good husbandry, and so annual pruning
of fruit trees is allowed)?

I think the council official is "not quite au fait".

""Trees in a Conservation Area
The Town and Country Planning Act 1990 makes special provision for trees
in conservation areas which are not the subject of a TPO. Under Section
211, anyone proposing to cut down or carry out work on a tree in a
Conservation Area is required to give the Local Planning Authority six
weeks prior notice.

The purpose of this requirement is to give the council an opportunity to
consider whether a TPO should be made in respect of a tree."
\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\

AIUI, trees in a Conservation area are subject to the same "qualification
terms " as trees facing a Tree Preservation Order.

So it;'s worth examining TPO qualifications

The Town and Country Planning (Trees) Regulations 1999

http://www.legislation.gov.uk/uksi/1...le/part/1/made

Note exemption 5c

5.?(1) Nothing in article 4 shall prevent?

(c)the pruning, in accordance with good horticultural practice, of any
tree cultivated for the production of fruit;

It would be an interesting defence to claim that you are intending to
propagate from seed any tree that you are growing, and thus have a "tree
cultivated for fruit" (unless "Fruit" is defined specifically as edible
fruit).

--

Jeff