UKTC Archive

RE: Serving a TPO

Subject: RE: Serving a TPO
From: Alastair Durkin
Date: Apr 17 2020 13:10:08
One other point Jonathan, is that is not really about serving everybody who 
has an interest in the land, its more about serving everybody who has an 
interest that you might reasonably suspect after reasonable enquiry. You 
can't be expected to know if Mrs Miggins has instructed a particular tree 
surgeon for example, unless they were the s211 agent of course.


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jonathan Hazell
Sent: 17 April 2020 12:53
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Serving a TPO

Thanks Alastair,

It does, yes

Jonathan



On Fri, 17 Apr 2020 at 12:34, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

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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-- 

Thank you,

Jonathan Hazell
07501 XXXXXX
jhazell.com



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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy 
http://www.boskytrees.co.uk/



-- 
The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC is supported by Bosky Trees arboricultural consultancy
http://www.boskytrees.co.uk/