04/06/2026
*** TREE (or should that be Hedge) PRESERVATION ORDER UPDATE ***
As you may recall a month or so ago we made several Tree Preservation Order applications to protect the trees on the Clair Hall site.
These six applications were dismissed as the council explained that the trees were not under threat! And curiously the line of conifers on the eastern edge of the site were deemed to be a hedge and therefore not trees at all! Even though they stand some 30 to 40 feet tall!
So we appealed this decision and as you can guess MSDC would not budge. The final paragraph of the letter dealt with our observations on the so called hedge. It said, -
‘In the case of the conifer line, previously managed as a hedge, again, MSDC, in the absence of a written definition, defines a hedge as a line of trees or shrubs which have been managed as a hedge in the past. This has served us well in terms of a definition for the purposes of Section 211 Notices and providing advice to the public. Therefore, if a line of trees has been managed as a hedge, they then become a hedge and not a line of trees. Again, this has been our practice for around the last 10 years. Of course, it is open to you, to test this in the courts, if you believe it to be inadequate.’
But there is a written definition. The Cambridge English Dictionary has one. - HEDGE a line of bushes or SMALL trees planted very close together, especially along the edge of a garden, field, or road.
I don’t think anyone inspecting these conifers would ever say that they are small and they're not on the edge! The hedge is!
I think we’ll all have to agree to disagree on this one.
It’s rather reminiscent of the time MSDC insisted that Clair Hall wasn’t a theatre despite the obvious fully equipped auditorium and many shows that had previously been performed there.
As always we welcome your comments and we’ll be keeping a close eye on things.