Hi Paul
Daniel has covered your questions comprehensively, but I would add one more
thing important thing. That is that the Act does not define amenity. In this
respect although the Blue Book gives guidance as to what the term may mean,
an LPA has a significant amount of elbow room and can if they wish swing the
term whichever way they want (as they can with expediency) provided there is
reasoning behind it. In reality this means that even if you object to an
order and confirmation has to be decided at committee, you may find it
difficult to dissuade them from confirmation. In most circumstances, unless
they have maladministrated the legal bits in some way, you are highly
unlikely to succeed in the High Court and your best (really only) option if
you really disagree with a TPO is to apply to remove the tree stating lack of
amenity as your reason. Then if they refuse you can at least appeal to PINS
and have it dealt with impartially.
Alastair
adurkin@xxxxxxxxxx.gov.uk
www.tandridge.gov.uk
-----Original Message-----
From: Paul Hawksford [mailto:arborconsulting@xxxx.com]
Sent: 21 December 2011 20:46
To: UK Tree Care
Subject: Basis for TPO's
Seems like a daft set of questions but:
On what basis does a TO subject a tree to a TPO?
Is it purely visual amenity, conservation, ecological, environmental or all?
Does the TO concern himself/herself with the geography, whether it be urban,
sub-urban or countryside?
What relevent factors come into play?
If the tree cannot be seen by numerous households and enjoyed by such, does
this affect the decision?
In terms of expediency and development and if the development where in
secluded grounds, would the TO be inclined to TPO or not?
Is a judicial review the way forward in overturning the TPO, or does this lie
only on appeal?
I've trawled the 2009 amended Blue Book, but may be missing the point........
Appreciate your reply as always..... and a Merry Xmas to UKTC...........!!!!!!
Regards.
Paul Hawksford
Principal Arboriculturist
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