UKTC Archive

RE: RE: RE: Old TPOs

Subject: RE: RE: RE: Old TPOs
From: Alastair Durkin
Date: Feb 07 2019 10:07:48
I don't think you need to convince any tree officers of that Bill, it’s a 
flipping nightmare at times.

Alastair



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 06 February 2019 22:25
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: RE: RE: Old TPOs

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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