UKTC Archive

Re: Serving a TPO

Subject: Re: Serving a TPO
From: Bill Anderson
Date: Apr 17 2020 14:22:22
You do see some very cack-handedly drafted TPOs: The last one I objected to
had two T1s, the first one being T1 in another order, I presume that
whoever drafted it simply got the template they'd used for the previous TPO
(which I'd also seen) and then started typing at the next line on the page,
instead of deleting the previous. (Have I never done something similar?
Well, yes I mean no, of course I have) They also gave us 10 months in which
to object. I presume things get confused between planning and legal....

On Fri, 17 Apr 2020 at 14:50, Jim Quaife <jq@xxxxxxxxxxxxxxxxx.co.uk> wrote:

I'm certainly not a lawyer, but I very much doubt that that TPO would have
any legal force.
A TPO is a powerful instrument which can lead to a criminal prosecution
and an LPA has a distinct responsibility to process them in accordance with
the law.
However, if you do trust the law then don't read the "Secret Barrister"!!
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:
uktc-request@xxxxxx.tree-care.info] On Behalf Of collinsdesigns
Sent: 17 April 2020 14:25
To: UK Tree Care
Subject: RE: Serving a TPO

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 mailto:
uktc-unsubscribe@xxxxxx.tree-care.infoThe UKTC is supported by Bosky 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/


--
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/




-- 
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/