UKTC Archive

RE: Regulation 5 notices

Subject: RE: Regulation 5 notices
From: Alastair Durkin
Date: Mar 07 2019 13:52:23
Well, seeing as there should be two elements to the assessment of a TPO 
(according to the guidance)  - amenity and expediency, I would think at the 
very least it should be explained why it is expedient to make the TPO. 


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Trees are Good
Sent: 07 March 2019 13:26
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Regulation 5 notices

I used to include a copy of the completed TEMPO forms for each tree I 
protected with a TPO, when sending the TPOs out.

Imho it's not sufficient to just say in the interests of amenity.

Cheers

Moray

On Fri, 1 Mar 2019, 1:19 pm John Hearne <johnhearne7@xxxxxx.com wrote:

Andrew wrote < .but the preceding text did state 'LPAs should be able 
to explain to landowners why their trees or woodlands have been 
protected by a
TPO>>

But it's omitted from the current version - which is a shame.

John

On Fri, Mar 1, 2019 at 11:18 AM John Hearne <johnhearne7@xxxxxx.com> wrote:

Thanks all, I'm now wondering if I didn't read a fellow UKTCer 
expressing the view that TPO reasons should be a little more helpful 
to the
recipient
and my memory has translated this into official guidance since it 
seemed perfectly reasonable to me. It's an age thing I think.

Jon - I can't track down a readable Brennon v Bromsgrove on the 
interweb...have you a link?

Best wishes

John

On Fri, Mar 1, 2019 at 10:03 AM Jon Heuch <jh@xxxxxxxx.co.uk> wrote:

Well you can see what a judge  has to say on the matter - paras 24 
& 25



[2003] EWHC 752 Admin  Brennon v Bromsgrove



It doesn't support your suggestion but this was 16 years ago so 
there
may
be
something more recent





Life gets a bit more complex when objections to a TPO go before a 
committee and the reasons for the TPO and the designation are 
considered:



[2015] EWHC 2468 (Admin) Dairy Crest v Merton







Jon






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The UKTC is supported by Bosky Trees arboricultural consultancy
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