Tree Preservation Order No. 09/09 - New Forest District Council

garden of 17. The garden of 19 was shaded but this was exacerbatedby the style of garden, being of an informal and well stocked nature. Alarge portion of shade was created by ivy growing up the tree’s mainstem.4.4 It is felt that the tree is growing in a suitable location, and the gardensare sufficiently large to support such a tree.4.5 The suggestion that the tree is damaging 18 Milton Grove isunfounded and purely speculative. No evidence has been put forwardto support the claim that the tree is the cause, in any part, of anydamage experienced at 18 Milton Grove.The Ash4.6 The TPO does not prevent the tree from being managed, however thesubmission of the Tree Works Application would be required andconsent granted before any works are undertaken. There is no feepayable to submit the application.4.7 The TPO will not prevent the continued successful production of fruitand vegetables in the garden, and does not pose an arborealinfringement, for the reasons stated above.4.8 The Council is not responsible for the management of the Ash tree.Owning a TPO’d tree is similar to owning a Listed Building in thatresponsibility for its upkeep remains that of the landowner. Permissionmust be sought before tree works can commence, but submission ofan application incurs no fee.5 CONCLUSION5.1 The trees are a valued feature of the area and are located in aprominent position. After due consideration of the objections received,along with the works observed at 20 Milton Grove, as referred to insection 1.3 above, it is felt that the both trees should remain protectedthrough the Tree Preservation Order.6 RECOMMENDATION6.1 It is recommended that TPO 09/09 is confirmed without modification.Further Information:Andrew DouglasSenior Arboricultural OfficerBackground Papers:Tree Preservation Order No. 09/09Telephone: 02380 285205