UKTC Archive

Re: Basis for TPO's

Subject: Re: Basis for TPO's
From: Daniel Wynn
Date: Dec 23 2011 09:50:18

"IMO the current widespread system of sticking the TPO objector in
front of the full Planning Committee and giving the objector 3 minutes
to make his case, is not any sort of "hearing or inquiry" (BB 3.38) and
the very act of the same Officer serving the TPO and then considering
objections does not comply with ECHR's Article 6 anyway. That same
Officer then sticking his or her summary of the objections in front of a
committee comprised of people with no training or knowledge of trees or
TPOs is not even slightly reasonable and I'd hope that any Judge worth
his £170k pa would see that straightaway."
The continuous stream of criticism directed at your local Tree Officers
and LAs in general does not paint a pretty picture, but I note, Bill,
that you are not being even handed your self. I have to confess to
feeling uncomfortable with some of the things you say on this public
forum, which those affected have no real chance to defend themselves or
their actions. You describe some difficult situations and I wonder if
you are truly familiar with Council procedures.
There is nothing wrong with expressing dissatisfaction with how things
are being run in your neck of the woods. If you have genuine grounds for
believing that your local council does not properly consider objections
to new TPOs then you must make a formal written complaint - you could
think it your duty to do so! Your local Council should have a complaints
procedure - follow it and wait out due process. It is no good, Bill,
saying things like 'it won't do any good', just make the complaint.  If
at the end of that complaints procedure you remain unhappy, then take
your complaint to the Ombudsman. I can say with a high degree of
confidence, that most Council's fear an Ombudsman decision that goes
against them and there is a high degree of motivation from senior staff
not to allow things to get that bad (at least, this is what happens
The issue with regards consideration of objections to new TPOs is a
difficult one. You may not agree with anyone at the Council that a
certain tree merits protection, but if the Council thinks it
with it! If you honestly believe that the tree(s) do not merit, qualify
or even exist, then test it on appeal. If it is tested on appeal and you
win, let us know what the Council does next to improve the situation.
If, on the other hand you lose, you might be inclined to write to your
local TO and thank them for putting food on the table for grumpy tree
As its the season of goodwill,  I will try and hug a Tree Consultant -
just to make them feel important and loved. 


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