UKTC Archive

Re: Old TPOs

Subject: Re: Old TPOs
From: Jon Heuch
Date: Feb 06 2019 11:01:25
Thanks Jerry for that briefing.

 

My review of TPO will emerge once I have stopped drowning in work...200,000
TPOs in England alone.

 

One issue that has emerged is the issue of the probability that a TPO is
confirmed, or not. I now have lists of TPOs from several councils which show
clearly the proportion of TPOs that have never been confirmed - it is not
insignificant . Clearly the %  varies from council to council but it is
clear that if the test is "beyond reasonable doubt" if you are presented
with a copy of a TPO without signatures & without evidence of confirmation
then there is sufficient doubt as to whether the TPO was confirmed. 

 

Clearly in a TPO prosecution it is for the prosecution to show the defendant
committed the crime "beyond reasonable doubt" & the council is not on
trial..but if there is reasonable doubt as to whether there was a TPO or
not, it's not a great place for the prosecution to start their case..but I'm
not clear how this issue is affected by s284 of the T&C Planning Act 1990.
Any experience/thoughts?

 

Jon 

 




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