UKTC Archive

RE: Basis for TPO's

Subject: RE: Basis for TPO's
From: Charles Bennett
Date: Dec 28 2011 11:25:36
Dear All

I've now located the Judicial Review decision.

Wilkinson Properties v Kensington and Chelsea RLBC.
(Queen's Bench Division, Administrative Court, Vincent Fraser Q.C. January 
13, 2011)

It was reported in The Journal of Planning & Environmental Law, Issue 8, 
pp.1083 - 1114

Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle   CA3 8QG
Direct Dial: (01228) XXXXXX

Hi Bill

The independent impartial hearing is the whole process starting with 
discussions following the making of the Order, then the Committee where you 
get the opportunity to put your case in person, followed by the option for 
Judicial Review, and your application to fell the tree(s), and subsequent 
appeal to PINs if refused, and again the option to challenge their decision 
at Judicial Review. Then of course there's the Councils complaints procedure 
and the Ombudsman, who has exercised their powers in TPO related matters on 
more than one occasion. Surely that's enough checks and balances on an 
overzealous TO or Committee.

In considering the procedure for making and confirming TPO's Mynor's does say 
" However sensible as such procedures may be to reduce any appearance of bias 
there is ultimately no way round this problem"

Committee site visits are for the Committee Members to see the site, not 
discuss the merits of a particular issue with the parties. This is for the 
meeting. I'm aware of a recent Judicial Review, which I alluded to earlier 
but just can't find a reference for it, where this was part of the case. The 
Council lost because it hadn't been seen to be fair and even handed. The 
reason being the TO spoke to the Chair and there was no objector to put their 
case. I'll see if I can track it down.

Your next mission, should you wish to accept it. Create a BB compliant 
assessment method that we can all adopt, and then we'll all be singing from 
the same hymn sheet. To start the ball rolling here's my first attempt at a 
new TPO BB compliant assessment method for adoption by every LA :-)

Is it expedient yes/no* (*Delete as appropriate)
Is the tree an amenity yes/no* (*Delete as appropriate)
If yes to both TPO

Anyone can join in if they want.
Good luck

Charles Bennett
Landscape Architect/Tree Officer
Economic Development
Carlisle City Council
Civic Centre
Carlisle   CA3 8QG
Direct Dial: (01228) XXXXXX

-----Original Message-----
From: []
Sent: 23 December 2011 10:33
To: UK Tree Care
Subject: Re: Basis for TPO's

Hi Charles,
It's nothing to do with a fair trial but an "independent and impartial 
hearing," which if the same Officer serves it and then considers objections 
cannot be said to be any such thing. And as I say a bunch of smug Elected 
Members not allowing any sort of discussion, and with a mindset along the 
lines of "trees must need protection" (four legs good?) just exacerbates the 

IME there frequently isn't a site visit and on the most recent one I attended 
(I'm usually not informed about site visits) I was expressly forbidden from 
saying anything, which again is no sort of hearing or even discussion.

I'm fairly sure that some of the local TOs don't like the situation/system 
but they're so low in the pecking order that the Head of Planning isn't going 
to allow them to set up a BB-compliant, system unless something drastic 

I'm not familiar with the case you mention, but it doesn't sound as though 
the case was made about the proper following of guidance. Mynors' 1st ed has 
quite a chunk about this matter. (16.6.6)

FWIW, I don't see any reason why you shouldn't claim for your book expenses 
against tax, our accountant regards it as a legitimate expense. Mind you I 
don't see why your employers shouldn't pay for such stuff either, it's just 
as essential as your PPE and when you see some of the cr@p our LAs spend 
money on!



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