UKTC Archive

TPO Powers?

Subject: TPO Powers?
From: Andersonarb
Date: Sep 04 2006 11:23:55
Now then one and all,
But possibly especially Julie at the DCLoG.
 
Can an LA demand work on a TPO'd tree? In particular in this instance a  
client has got a tree that is undoubtedly in need of some work to make it 
safe  
(next to a road) and he wants to fell it cos bluntly he doesn't want to spend 
 
any more money than he has to and he might want to build nearby anyway. The 
LA  
have refused permission to fell while acknowledging the hazard requires  
remedy.
 
I cannot see where the LA can 'demand' (as opposed to 'request') that  he 
prunes the tree under existing TPO legislation. Mynors goes on about how the  
legislation was originally composed with an eye on the idea of grant-aiding 
work  
on TPOd trees, and also about how the 1994(?) review chose not to go down the 
 'tree management order' route. A brief chat with the Yorks and Humber govt.  
office suggests they don't know either.
 
I have come across the proposal in planning appeals that an LA might  
reasonably expect a tree owner to undertake routine maintenance (ie removal 
of  
branches obstructing a footpath) in preference to felling but this particular 
 
kettle of fish features the Highways Officer demanding that substantial work 
is  
undertaken.
 
Any thoughts, Julie? Anyone?
 
Bill.


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