UKTC Archive

Re: Serving a TPO

Subject: Re: Serving a TPO
From: Jonathan Hazell
Date: Apr 17 2020 14:24:10
Andy, et al

Thanks for all your responses; what I was trying to ascertain was what
exactly is sent to the tree owner (including their agent as appropriate)
and others.

So, a copy of the Order, the Reg 5 notice and a copy of Reg 6?

Anything else?

Now the next bit will not be possible to answer I don't suppose unless its
authority by authority - how can you trace what was sent to whom?

My interest arises as a client has rung to say they've been ambushed by
receipt of the letter confirming that an Order has been served, is it
possible to go on to the authority's website and find out that they were
served the correct papers but clearly didn't understand the significance of
some of the enclosures?

Jonathan





On Fri, 17 Apr 2020 at 13:28, Andy Clout <Andy.Clout@xxxxxxxxx.gov.uk> wrote:

Hi Jonathon,

I am not entirely sure what you are angling for with the query.

My recollection of dialogue and communications with Peter Annett leading
up to the eventual publication of the 2012 reg's was that there was a
recognised need to update the TPO serving process arising from 211
notifications, hence sentence/para 5 (1) (c) was specifically included.

Is it that point that you wanted clarification on i.e serving on those
whom potentially have no interest in the land (anyone can make a 211
notice)?

Regards

Andy

Andy Clout
Landscape and Tree Officer
Planning Services
Waverley Borough Council
Direct line: 01483 XXXXXX
www.waverley.gov.uk


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Jonathan Hazell
Sent: Friday 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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Thank you,

Jonathan Hazell
07501 XXXXXX
jhazell.com



-- 
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/