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.


-----Original Message-----
From: Daniel Wynn []
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

This email and any files transmitted with it are confidential and intended 
solely for the use of the individual or entity to whom they are addressed. If 
you have received this email in error please notify the system manager.

This footnote also confirms that this email message has been checked for the 
presence of computer viruses.

Make a difference - reduce your waste.

Please do not print this email unless absolutely necessary.


The UK Tree Care mailing list
To unsubscribe send

The UKTC is supported by Bosky Trees

Please don't print this e-mail unless you really need to. Save paper.

Visit for information about services, online 
forms, payments and much more.

IMPORTANT: The contents of this email and any attachments are confidential. 
They are intended for the named recipient(s) only. If you have received this 
email in error, please inform the sender immediately and do not disclose the 
contents to anyone or make copies thereof.

This message has been scanned for viruses.

The UK Tree Care mailing list
To unsubscribe send

The UKTC is supported by Bosky Trees