UKTC Archive

Re: RE: RE: Old TPOs

Subject: Re: RE: RE: Old TPOs
From: Bill Anderson
Date: Feb 06 2019 22:25:44
I'm coming round to thinking that reviewing old TPOs is extremely
prudent..... Just as the S of S advises in fact!

On Wed, 6 Feb 2019 at 20:25, Charles Bennett <
charlesbennett1959@xxxxxxxxxxx.com> wrote:

At the time this particular Order was made there was no requirement to
endorse it as confirmed. It was signed and sealed when it was made, but
that's not confirmed. At the time the local process was that all Orders
went to the Committee for confirmation, including ones like this which were
unopposed. The only necessary subsequent action would be to serve copies of
the confirmed Order on those with an interest in the land.

It's been a few years, decades, since the Order was made. Offices have
moved, Councils have consolidated, files stripped of 'superfluous' stuff,
and other stuff lost. Any copies of the confirmed Order that were sent to
those with an interest aren't in the file as evidence of confirmation
because they were sent to those with an interest.

Why would there be anything other than the Committee minute, especially
considering the passage of time and requirements at the time.

Something someone else has mentioned, but I'm not sure at all about, is
that when the 2012 Regs came into force they had the effect of confirming
any previously unconfirmed Orders. And I don't mean those caught in the
transitional arrangements, I mean Orders made but not confirmed years,
decades, previously.

Charles

On Wed, 6 Feb 2019 at 09:35, Mark Mackworth-Praed <
uktc@xxxxxx.tree-care.info>
wrote:

I think Jon's quite right - a Committee resolution to confirm is just
that
- a resolution. There has to be subsequent action on the Council's part
to
give effect to that resolution (service of relevant notices, signing &
sealing of confirmed order with/without modifications etc), the necessary
actions being defined within whichever regulations were in force at the
relevant time. If those actions weren't taken, then the Order wouldn't
have
been properly confirmed. If PINS is now taking a tougher line on this, so
much the better in my view.

All the best

Mark M-P




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