UKTC Archive

Re: TPO Powers?

Subject: Re: TPO Powers?
From: Andersonarb
Date: Sep 04 2006 13:06:30
In a message dated 04/09/2006 13:42:02 GMT Standard Time,  

so how  does the subsidence case logic apply to this  scenario?

I'd try and keep the two things completely separate Scott. My opinions as  to 
the who or what is to blame for subsidence are a separate matter but I don't  
think that the recovery of costs is in any doubt. Your cricket ball went 
through  my window? Your fault.
The thing abuot TPOs is that they are negative, they stop people from  
cutting trees down, I cannot see that there is any power within the regs for 
an  LA 
to demand that work is undertaken. LAs are empowered to demand that safety  
work is undertaken, not just to trees, but also to walls or chimneys etc. 
are likely to collapse and cause injury. (Miscellaneous Provisions Act?)
If the tree wasn't TPOd and the LA said "stop it being a danger" you could  
cut it down. Problem solved. But this course of action is not open to me cos  
there's a TPO and the application to cut it down was refused although 
permission  was granted to prune. 
As I say, if the problem was minor; remove that twig to stop it scratching  
my eye out, then the demand would hardly be onerous. But get up there, 
undertake  major surgery and then some, is a different kettle of fish.
If we wade thorugh the history of TPOs and the spirit (not necessarily the  
letter) of the legislation we can probably find that the system was not  
to discourage people from growing trees. Onereous obligations on TPOd tree  
owners might very well discourage anyone from ever planting a tree.
I could solve the situation by appealing the refusal and I'm fairly  sure I'd 
win but I was trying to get through it more quickly. 
As for compensation? I have actually very occasionally seen clients receive  
grant-aid for works on protected trees, noticeably from a National Park  
authority. Occasionally? Twice.

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