Woodland TPO on garden

Woodland TPO on garden

Postby hottotrot » Tue May 12, 2015 6:47 pm

Hi,

I have a garden of around an acre and a half. The local council have placed a woodland TPO on about half an acre of it.

The area has large trees and looks like woodland but it has not been used as such. Am I in a position to argue that they modify it to specify single trees and groups instead?

many thanks.
G
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Re: Woodland TPO on garden

Postby MacadamB53 » Tue May 12, 2015 7:28 pm

Hi G,

when was the TPO made?

Kind regards, Mac
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Re: Woodland TPO on garden

Postby hottotrot » Tue May 12, 2015 7:48 pm

Hi Mac,

in the past couple of weeks.

Cheers,
G
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Re: Woodland TPO on garden

Postby APC » Tue May 12, 2015 8:54 pm

Woodland tpo's tend not to be appropriate for gardens and should ideally be defined as groups or individuals. What were the grounds for making the tpo?
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Re: Woodland TPO on garden

Postby hottotrot » Tue May 12, 2015 9:09 pm

APC wrote:Woodland tpo's tend not to be appropriate for gardens and should ideally be defined as groups or individuals. What were the grounds for making the tpo?


It was instigated due to a planning application on the land which is still in flight.

I've read that it's unlikely that a woodland application would be appropriate for a garden but as this area looks wooded I'm not sure if arguing for reclassification is futile?

I'm also trying to weigh up the pros and cons of a woodland designation over individuals and groups.

G
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Re: Woodland TPO on garden

Postby APC » Tue May 12, 2015 9:36 pm

Woodland protects all that grows within forever more i.e. natural regeneration. This includes all saplings as well as planted trees. There is usually no requirement to replant if you apply to remove trees in a woodland. These tpo's acknowledge that the woodland relies on trees of all growth stages to be able to sustain itself as a woodland.

With individuals and groups, the specified trees are protected and you will often have a duty to replant if you apply to fell some or all, or any of the trees die. New trees would not automatically be protected.
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Re: Woodland TPO on garden

Postby hottotrot » Tue May 12, 2015 10:07 pm

Thanks APC.

Sounds like a woodland classification would possibly be less onerous? Most of the trees are self seeded anyway so it would just keep doing its thing.
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Re: Woodland TPO on garden

Postby TO » Wed May 13, 2015 8:51 am

Hi

TPO's can protect individual trees, showing them as individuals, in groups, or in areas on the Order. But it is just the tree that it is intended to protect. Woodland TPO's are meant to protect the woodland unit as a whole, and that is so much more than just the trees.

hottotrot wrote:The area has large trees and looks like woodland
If you are applying the duck test, is it not then a woodland.

You can object to the TPO and see if you can get the local authority to change it to groups or individuals. However, woodland TPO's can be made in gardens. In this instance the local authority, as they are entitled to do, have come to the view that a woodland TPO best reflects what it is they want to protect.

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Re: Woodland TPO on garden

Postby APC » Wed May 13, 2015 8:33 pm

The issue being that matey can turf over the lot and whip up all the wildflowers, boot over the fungi, clear the deadwood and treat it as a manicured garden, on a whim.
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Re: Woodland TPO on garden

Postby ferdinand » Fri May 22, 2015 1:35 pm

Lesson One here is deal with the trees before making a Planning Application, which is one of the basic consequences of the TPO system.

It is possible that your site is now TPO-blighted and therefore economically undevelopable.

Ferdinand
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Re: Woodland TPO on garden

Postby APC » Fri May 22, 2015 7:02 pm

ferdinand wrote:Lesson One here is deal with the trees before making a Planning Application, which is one of the basic consequences of the TPO system.

It is possible that your site is now TPO-blighted and therefore economically undevelopable.

Ferdinand


That's a great attitude to have.
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Re: Woodland TPO on garden

Postby arsie » Fri May 22, 2015 7:38 pm

ferdinand's advice is consistent with the situation, from a development pov. My neighbour - who is an experienced developer having worked with some big companies - took care to commission a detailed survey of all the trees on his site, at some expense, before dealing with those that he wanted to remove e.g. felling a large mature cherry and various smaller trees, with cast-iron reasons such as disease. Then he was able to obtain approval for his plans for the site, including demolishing the existing '60s bungalow and then building a good quality family sized dwelling.

Fortunately none of the trees had TPOs and he was able to develop the site profitably this way.
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