On 09/05/2012 16:58, Jeff Layman wrote:
On 09/05/2012 09:25, 'Mike' wrote:
(See OP for details)
As something which might affect any of us, your post led me to looking
up the law behind TPOs (or at least a summary of it). For those who
might be interested, see these downloadable documents:
(http://www.communities.gov.uk/docume.../tposguide.pdf)
(http://www.communities.gov.uk/docume...deaddendum.pdf)
After a quick look at the basic information, your tale reflects the
basics quite well. But in a way it is even worse:
"A tree preservation order is an order made by a local planning
authority in respect of trees or woodlands."
That's pretty clear, you would think. Except that neither "tree" nor
"woodland" are defined in the original legislation! But in the helpful
way that our courts clarify things, "... for the purposes of the TPO
legislation, the High Court has held that a 'tree' is anything which
ordinarily one would call a tree." I wonder if that would include a
bonsai? ;-)
And as regards your point concerning saplings, "Neither does the Act
define the term 'woodland'. In the Secretary of State's view, trees
which are planted or grow naturally within the woodland area after the
TPO is made are also protected by the TPO".
The TPO guide in the first link above runs to 100+ pages. I hear it's
going to rain for the next day or two; what else are you going to read?!
I have a bee in my bonnet about TPOs. They are very one sided. The water
and electricity companies and councils seem to be generally excluded.
Now trees have a life span the same as everything else, however if a
tree dies, or partly, so that you need to have it removed for safety
reasons, your the owner are expected to replace it. Where is the logic
in that? I have a lovely oak tree at the bottom of my garden, any time
soon the electric peeps are going to deem that it is an obstruction to
the power lines that run above it and require it to be felled. As the
owner I can refuse permission, but, as was clearly pointed out to me
over Elders they felled, they would simply get a court order, for which
no doubt I would be expected to pay. An English man's home may be his
castle, but his trees are not!
--
Residing on low ground in North Staffordshire