A point of note is that the wording within one TPO not is necessarily the
same as that within another TPO on the same tree. Not least the new
regulations introduced August 1999.
It is of course the wording within the TPO that one might rely on to guide a
course of action...i.e. does the TPO entitle the Authority to include a
reference to special amenity / an article 5 certificate within its decision
notice?
Would it not be reasonable to assume that the most recent TPO should be the
one that takes precedence, given that this represents the most recent
occasion at which the authority has deliberated the merits of the tree...and
served a TPO within the context of contemporary regulations?
Nick
-----Original Message-----
From: Garnett, Richard [mailto:RGarnett@xxxxxxxxxxxxxxxx.gov.uk]
Sent: 27 February 2003 15:04
To: UK Tree Care
Subject: RE: 2 TPO's on one tree?
I know of one tree is our district that has two TPO's on it. As far as I
know it does not invalid either order.
-----Original Message-----
From: Jones, Andy [mailto:andrew.jones@xxxxxxxxxxxx.gov.uk]
Sent: 27 February 2003 14:55
To: UK Tree Care
Subject: RE: 2 TPO's on one tree?
Edmund,
Your not the only one - I think that it is possible, and horrendous,
could be one for the legal bods to get rich on. I guess it would be down
to the courts, but if you have two clear and accurate TPO's for the same
tree (no errors/no extant consents etc), then surely the spirit of the
law/TPO would be recognised?
What about multiple authorities having protected the same tree(s) - say
at County and then Borough level...? Aren't legacies wonderful to
inherit!
Andy
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