UKTC Archive

TPO Objections

Subject: TPO Objections
From: sue
Date: Jun 19 2018 11:42:34
Hi All,

We are having ongoing problems with 'some' local authorities and the their 
TPO processes and particularly TPO objections, that appear to be made in 
secret - I would love your opinions and how other LPA's processes objections 
to be in line with the guidance.
 
Some LPA's are not going to committee with objections and the decision (to 
confirm) appears to be made between TO, legal dept and head of planning in a 
closed room we think. 

Does this qualify  as 'open and even' and how do I demonstrate that they have 
or indeed have not been even handed and open!  As recommended in the guidance*

We have seen TPO's with totally incorrect plans, incorrect classification( 
T/G/A/W), incorrect TEMPO calculations for example that are confirmed 
(unmodified) even after objection.

Is a freedom of information request for each objection worthwhile?  Though 
this feels fairly pointless as it is then too late and unless clients have 
very deep pockets and are prepared to go for a judicial review this problem 
is simply allowed to perpetuate.

A problem is an increased/additional work for both the LPA & planning 
inspectors as reapplication and appeal appears to be to be only cost 
effective option and this seems ridiculous. 

In a lot of  cases  the TPO perhaps could be modified / not confirmed etc. 
see extracted comment below from government guidance taken from:-

*https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#commenting-on-newly-made-tree-preservation-orders


Extract:

*They should therefore consider how best to demonstrate that they have made 
their decisions at this stage in an even-handed and open manner.*



----------------------------------------------------------------------

Confirming Tree Preservation Orders
How do local planning authorities confirm Tree Preservation Orders?
Authorities can confirm Orders, either without modification or with 
modification, to provide long-term tree protection. They may also decide not 
to confirm the Order, which will stop its effect. Authorities cannot confirm 
an Order unless they have first considered any duly made objections or other 
representations.
Flowchart 1 shows the process for confirming an Order.
Authorities should bear in mind that, since they are responsible for making 
and confirming Orders, they are in effect both proposer and judge. They 
should therefore consider how best to demonstrate that they have made their 
decisions at this stage in an even-handed and open manner.
Paragraph: 037 Reference ID: 36-037-20140306

----------------------------------------------------------------------






-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jonathan Astill
Sent: 19 June 2018 11:00
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Typo of the day 

Sounds a bit like 17th Century ‘Olde English’ in the style of John Evelyn. 

https://tinyurl.com/yasbq2zk




--
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/




-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/