UKTC Archive

Can alleged damage to a TPO'd tree be dealt with via a planning enforcment action?

Subject: Can alleged damage to a TPO'd tree be dealt with via a planning enforcment action?
From: Bettina Broadway-Mann
Date: Dec 04 2018 12:58:58
Dear All,
An interesting scenario that I would like to pick your brains about.

A client of mine has a TPO'd mature tree on their land, and the LPA have
announced that they are going to take enforcement action against them for
alleged damage to the roots of the tree.

An enforcement officer and an external arb consultant chosen by the LPA
attended site to meet my client and look at the tree and the surrounding
area.

My client was not cautioned or interviewed under caution at any point then
or since.

It has now emerged that the LPA has opened a planning enforcement case and
is intending to present this to the planning committee in the near future.

The LPA has said that the landowner cannot see the tree report that they
commissioned, nor can they see the enforcement report going to committee,
or make any representation to committee either.

Here in Wales we are still under the 1999 TPO regs, and my understanding of
the regs (please correct me if I am wrong), is that as it is a criminal
offence to damage a TPO'd tree, there would have to be a court case against
my client.

Could someone please confirm / refute that an LPA can deal with alleged
damage to a TPO'd tree by planning enforcement only?  And if so, what
action could the LPA then enforce on the landowner?

Many thanks as always,
with regards
Bettina



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