UKTC Archive

Re: Making a TPO with category C and other trees

Subject: Re: Making a TPO with category C and other trees
From: Bill Anderson
Date: Dec 30 2016 12:33:59
If I implied the LPA hadn't got the planting it wanted I didn't mean to
because they'd certainly been planted.... And then forgotten, with the
result that there was no way of knowing what was protected and what wasn't.
In that case the TPO had served its purpose (probably) and was now just a
complication that didn't really help anything and was being largely ignored
anyway.
Bill.

On 30 December 2016 at 09:33, Edmund Hopkins <
Edmund.Hopkins@xxxxxxxxxxxxxxx.gov.uk> wrote:

Really Bill, an old hand like you still shocked at LPA incompetence, or
indeed the failure of some large organisations to maintain impeccable
records? Evidence of confirmation is something I dare say we all struggle
with from time to time, I know I have. Maybe it's in cardboard box 799 in a
big shed near Loughborough.

Still the cat C exists specifically for trees that have not yet been
planted as part of an approved scheme, so the failure in the case you
describe was not with the TPO, but the LPA failure to enforce its
landscaping condition.

Without really thinking it through, I like your idea of the area order,
though you'd have to be confident about the timing.

Cheers, Edmund

Edmund Hopkins
Tree Officer
Heritage and Urban Design
City Planning
0115 XXXXXXX

Make sure what you've done is clear and why. Keep good records: Over the
last year I've been shocked by the inability of LPAs to produce evidence of
confirmation, any idea of why they ever bothered protecting the trees
(despite the TPO being less than a couple of decades old), and absolutely
no record of what's been removed since or when. I've also seen one that was
clearly served on trees that hadn't been planted when it was served,
entirely based on the planting scheme.....

Never having been a TO I think I'd be inclined to make an Area Order and
clarify it later, when the trees have been planted?

Bill.

On 29 December 2016 at 15:07, Charles Bennett <
charlesbennett1959@xxxxxxxxxxx.com> wrote:

Hi Edmund.

Just one TPO. The order takes effect as per usual for the existing
trees, and for the conditioned trees when they are planted.

Charles


On 29 Dec 2016 13:22, "Edmund Hopkins" <Edmund.Hopkins@
nottinghamcity.gov.uk>
wrote:

I'm in the process of making a TPO on a large number of trees planted
a few years ago to discharge a condition and have discovered a few
omissions.
This is not in itself a problem since we are confident they will be
planted this season, but I do not want to delay serving the order.

The TPO template states:
Application to trees to be planted pursuant to a condition 4. In
relation to any tree identified in the first column of the Schedule by
the letter "C", being a tree to be planted pursuant to a condition
imposed under paragraph (a) of section 197 (planning permission to
include appropriate provision for preservation and planting of trees),
this Order takes effect as from the time when the tree is planted.

So if I read this literally I will have to make 2 orders, one on those
planted and another on the category C trees?  Or can I in fact put my
cat C trees in with the others, and the order will be valid from the
service date, except in abeyance for the cat C trees?

(This may be more obscure than the Christmas quiz, but I just thought
I'd
ask...)

Ta, Edmund

Edmund Hopkins
Tree Officer
Heritage and Urban Design
City Planning
0115 XXXXXXX



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