"Jeff Layman" wrote in message
...
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?!

--

Jeff

and it can get more complicated than that!

Take the Holm Oaks for example. 104 with a TPO on them. On the other side of
a public path. Planted years ago when it was the grounds of a big estate.
Now in the ground of an apartment block, privately owned and managed by a
Management Company which is usually the owners of the apartments. Trees
across the path and onto what is now Parish Council land. "By law, we can
cut off any overhand and return it to the owners". 1st a TPO. 2nd, the other
side of the fence is a public i.e. County Council path. 3rd the trees belong
to those on the other side of the path.

AND, when were looking at the situation and got permission to lop back to
the boundary, one of the owners asked if we were chopping their side back as
well, 'because the leaves and that leave a nasty deposit on the cars. Would
be pleased to see them out of the way'.

I only touched on the problems!

BUT............. Chop down 'what you want' £3000.00 fine. Job done! You
can't put them back!

Mike

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I'm an Angel, honest ! The horns are there just to keep the halo straight.

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