UKTC Archive

RE: Serving a TPO

Subject: RE: Serving a TPO
From: collinsdesigns
Date: Apr 17 2020 13:28:40
I know of an instance where a TPO was put on a tree in the garden of house in 
a different road, with a wrong mapThis was then changed by scribbling in the 
correct address at a planning meeting with the map changed a month laterThe 
tree owner was never given 28 days to comment on HIS tree in HIS gardenI 
always thought this was wrong.Sent from my Samsung Galaxy smartphone.
-------- Original message --------From: Alastair Durkin 
<ADurkin@xxxxxxxxxx.gov.uk> Date: 17/04/2020  12:34  (GMT+00:00) To: UK Tree 
Care <uktc@xxxxxx.tree-care.info> Subject: RE: Serving a TPO Hi 
JonathanRegulation 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 treesAny 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 helpsAlastair-----Original Message-----From: 
uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> On 
Behalf Of Jonathan HazellSent: 17 April 2020 11:44To: UK Tree Care 
<uktc@xxxxxx.tree-care.info>Subject: Serving a TPOMorning 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, andwhat MIGHT they send out if they were minded to be helpful?   
It's not aquiz, but a genuine enquiry for your understanding of the process 
and procedure, thank you.--Thank you,Jonathan Hazell07501 
059566jhazell.com--The UK Tree Care mailing listTo unsubscribe send 
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Trees arboricultural consultancy http://www.boskytrees.co.uk/-- The UK Tree 
Care mailing listTo unsubscribe send 
mailto:uktc-unsubscribe@xxxxxx.tree-care.infoThe UKTC is supported by Bosky 
Trees arboricultural consultancyhttp://www.boskytrees.co.uk/


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