Hello Julie
Could you go for wilful damage if the pruning cuts are to BS3998?
Tom
________________________________
From: Julie Richardson [mailto:Julie.Richardson@xxxxx.gsi.gov.uk]
Sent: Tue 13/12/2005 17:38
To: UK Tree Care; UK Tree Care
Subject: Re: Old TPO's
On 13/12/05 Jon Lambourne said:
I'm pretty confident in saying that, on conviction for a breach of a TPO,
penalties are determined by the model order used at the time - but I
can't find references to back me up, despite a trawl through the Blue
Book and Mynors.
Can anyone help or point to where I should be looking?>>>
Jon
You may be getting confused with a footnote in older TPOs which explains the
fines in place at the time. But this was provided for information only and
has no legal force. The penalties for non-compliance with a TPO are set out
in section 210 of the Town and Country Planning Act 1990. Subsection 4 is
the one you want, and a level 4 fine is £2,500.
One word of warning. You might want to check the actions prohibited under
the specific Order. Not all the old ones include wilful damage.
Julie
ODPM
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