UKTC Archive

RE: Serving a TPO

Subject: RE: Serving a TPO
From: David Massheder
Date: Apr 17 2020 11:27:47
Hi Jonathan,

Our LPA will send out a formal letter to the original person notifying (not 
technically applying) for the work and at the same time we would always 
strive to serve the TPO so there is no gap between the response to the 211 
and the TPO.

The guidance clearly states that:

A section 211 notice is not, and should not be treated as, an application for 
consent under an Order. So the authority cannot:

refuse consent; or
grant consent subject to conditions.

Our wording is as follows:

No objections - The Council has acknowledged receipt of this Section 211 
Notice (i.e. 6 weeks prior notification of works to trees within a 
Conservation Area) and will take no further action with regard to preventing 
nor directing the specified works.  In other words, this tree/s are not, at 
the present time and in respect to these notified works only, to be made the 
subject of a Tree Preservation Order.  Therefore the following work may 
proceed:

Objection and TPO - The Council has acknowledged receipt of this Section 211 
Notice (i.e. 6 weeks prior notification of works to trees within a 
Conservation Area) and have determined to make the tree subject to a Tree 
Preservation Order.  Therefore the following work may not proceed:

I have heard of LPAs sending out the letter objecting and confirming that 
they are going to TPO the tree, but not necessarily doing it immediately - 
what the acceptable gap is between the end of the six week period and the 
serving of the TPO, is anyone's guess.  To avoid any confusion or room for 
'error' we would always do them simultaneously.  Speaking personally, we make 
very few TPOs as a result of 211s and prefer to work with the notifier, often 
the concern about having a TPO slapped on is sufficient for them to 
reconsider felling (when we consider this is excessive or damaging to viz 
amenity) and go for lesser works.

Hope this helps.

Dave


David Massheder | BA (Hons), L4 Cert Arb (ABC) | Tree & Landscape Officer
Planning & Environmental Services, Wealden District Council
01892 XXXXXX
david.massheder@xxxxxxxx.gov.uk
Council Offices | Vicarage Lane | Hailsham | East Sussex | BN27 2AX

http://www.wealden.gov.uk
 @wealdendc  @wealden  @wealdendc


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jonathan Hazell
Sent: 17 April 2020 11:44
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Serving a TPO

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Morning all,

Hope everyone is safe and well?

When serving a TPO, specifically in response to a S211 notification to which 
the planning authority objects, what MUST they send out to whom, and
what MIGHT they send out if they were minded to be helpful?   It's not a
quiz, but a genuine enquiry for your understanding of the process and 
procedure, thank you.

--

Thank you,

Jonathan Hazell
07501 XXXXXX
jhazell.com



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