Prior to our review of all TPOs I've been in exactly the position of your
poor 'friend' more than once. Now, although it's not particularly welcome
knowledge, we'd never fall for it as we know exactly which of our TPOs are
not confirmed following our TPO review project (during which we actually
found a whole load of errant confirmations and reunited them with their
long-lost orders). What we have yet to do is put them right, but that's
another story.
The only course of action open to the party concerned is to confess all to
the Government Office and, as soon as they can, to the other parties
concerned too. They may even decide to proceed with the appeal - although
they almost certainly will not. If the objector or some other party has
suffered some sort of wrong as a result of this non-TPO then maybe there
could be some kind of claim for compensation, but I'd be very surprised.
Ombudsman is more likely, (and yes, I know about him too) but unless you've
really made errors which disadvantage the landowner in a demonstrable way it
might be nothing more than face which is lost. Any other course of action
could lead the authority concerned towards much more serious penalties, so
don't even think about sitting on it and keeping quiet.
Tell your old pal to just grip 'his' teeth and fess up. After all, if it was
lost in 1971 it was hardly 'his' fault!
-----Original Message-----
From: Scott-Ellis, Tim [mailto:Tim.Scott-Ellis@xxxxxxxxxx.gov.uk]
Sent: 14 December 2004 12:48
To: UK Tree Care
Subject: TPO Appeals & confirmation
Ok, a hypothetical situation here.
Someone appeals against a refusal of consent. The relevant Government
Office asks for all papers to be sent and they duly are, only it's handled
by a different unit and the confirmation of the TPO is not included. When
the confirmation document is asked for it becomes apparent, despite much
activity within the Council, that the TPO is not confirmed (from 1971).
What action should the Council now take, apart from hiding under a desk
until the ombudsman goes away. I have advised my mate (good lad, not
usually too much trouble) to write to the Government Office to say the TPO
isn't enforceable and await any developments.
Any further advice would be gratefully received, by my mate of course.
Tim
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