The two trees were listed in the TPO as a turkey oak and a pine. The council argued that although the plan accompanying the order did not appear to accurately reflect their location on the ground, they were nonetheless protected because they were referred to in the schedule. But the inspector noted that they lay within an area referred to in the order as containing hawthorns and hazels.
He decided that although the trees were referred to in the schedule, the order's failure to plot their location accurately meant that they were not protected. The government agreed, concluding that it could take no further action on the appeal because permission to fell them was not required.
DCS Number 100-050-831
Inspector Stuart Wild; Hearing.
