UKTC Archive

RE: Serving a TPO

Subject: RE: Serving a TPO
From: Alastair Durkin
Date: Apr 17 2020 11:34:07
Hi Jonathan



Regulation 5(1) of the Town and Country Planning (Tree Preservation)(England) 
Regulations 2012 provides that the notice must be served  on the “persons 
interested” in the land affected by the order.

The phrase “person interested” is defined in Regulation 2. A person is 
“interested” in land, for the purpose of these regulations, if he is:-

•             An owner of the land

•             An occupier of the land

•             Known to the authority to be entitled to cut down, lop or top 
any of the trees to which the order relates

•             Known to the authority to be entitled to work by surface 
working any minerals in, on or under the land affected by the order.



This means that when serving a TPO you should serve not only the owner and 
occupier but also the following:-

•             If branches or roots from any of the trees encroach a 
neighbouring property, the owner and occupier of that property

•             Any developer known to the LPA to be interested in developing 
the land

•             Any tree surgeon, etc., whom the LPA know to have been retained 
by the owner, occupier or developer to carry out works to any of the trees

Any person known by the LPA to have rights to work minerals in, on or under 
the land.



They ‘need’ to send a copy of the TPO and the Regulation 5 Notice. It would 
be sensible to send a covering letter explaining how it all came about, but I 
don’t think it is a statutory requirement.



Hope that helps



Alastair



-----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



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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