UKTC Archive

RE: TPO/T&CPA exemptions

Subject: RE: TPO/T&CPA exemptions
From: Alastair Durkin
Date: Jan 14 2020 11:06:36
Hi Will

What is the objection to the 8 week process? Presumably if excavation is 
required the asbestos is not actually in danger of causing harm, and could be 
fenced off for the duration if there are concerns of disturbance?

The problem is that the only exception that exists where the TO has any 
discretion is under Regulation 14(1)c, namely:

(c) the cutting down, uprooting, topping or lopping of a tree, to the extent 
that such works are urgently necessary to remove an immediate risk of serious 
harm, or to such other extent as agreed in writing by the authority prior to 
the works being undertaken;

So there is some discretion available to the TO in the last sentence. The job 
I suppose is to convince the TO to use that discretion.

If I was the TO and the trees were of high quality and unless there was an 
immediate risk of harm then I would probably wish to examine the reports 
within the application process so that they could be properly scrutinised. 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of willross583@xxxxxxxxxxx.com
Sent: 14 January 2020 09:58
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: TPO/T&CPA exemptions

Hi all,

           Similar question to one I asked last year relating to contaminated 
ground, is anyone aware of an exemption that can be used for carrying out 
works to removed contaminated soil around a TPO'd tree without having to make 
a full TPO app and wait the 8 weeks and yes we have all the required reports 
etc to demonstrate ground is contaminated etc, the area is part of a garden, 
TO wants the client to demonstrate an exemption !! my answer is Asbestos even 
though its in roofing sheet form is its asbestos and my client has a duty of 
care as they know its there. Thoughts welcome.

 

Will




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