UKTC Archive

RE: Service of TPOs -

Subject: RE: Service of TPOs -
From: Alastair Durkin
Date: May 22 2014 09:25:00
We still haven't actually received the transcript of the judgement yet.

Alastair

-----Original Message-----
From: Daniel Wynn [mailto:Daniel.Wynn@xxxxxx.gov.uk]
Sent: 22 May 2014 10:07
To: UK Tree Care
Subject: Service of TPOs -

Our legal team just sent me this.......

"TPOs: method of service may be critical (High Court) The High Court has 
quashed a tree preservation order (TPO) on the basis that a person interested 
in the land affected by the order had suffered substantial prejudice as a 
result of the local authority's failure to serve the TPO on that person as 
soon as reasonably practicable, as required by the Town and Country Planning 
(Tree Preservation) (England) Regulations 2012 (SI 2012/605).
While the local authority had written to all of the interested persons 
affected by the TPO, it had failed to deliver the TPO in person to all of 
them. On the facts of this case, personal service was required to satisfy the 
requirement that service be made as soon as reasonably practicable. A 
developer that had authorised works to trees covered by the TPO suffered 
substantial prejudice as a result of only receiving notification of the order 
by post and so the order was quashed.
This case contains guidance on what steps may need to be taken by a local 
authority to reduce the chances of a TPO being quashed under section 288 of 
the Town and Country Planning Act 1990 and will interest not only local 
authorities, but also anyone who is proposing works to trees that might 
become protected by a TPO. (Village Developments plc v Tandridge District 
Council [2014] EWHC 1484 (Admin) (28 February 2014).)"


Dan W

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