UKTC Archive

Re: Serving a TPO

Subject: Re: Serving a TPO
From: Bill Anderson
Date: Apr 17 2020 14:39:34
I've been told by an Officer that the new TPO is "on the website" when as
far as I can see there's no facility for new TPOs to be publicised in this
way. I think some Planners presume that everything is publicised in the
same was as an application is usually publicised, when I've certainly never
seen that. It would be good if they were shown just like a planning
application as then there'd be a facility to comment in support or
objection. Sheffield manage to publicise theirs a little, but it's only
under "legal notices," with no facility for on-line objections or
supporting comments.
If things were equal, then the new TPO would be publicised as the Officers
applying for permission to do something, pretty much the same as someone
applying to work to a protected tree.
My reading of Mynors suggests that High Court objections need to be on the
grounds that the procedure as specified by the Guidance wasn't followed,
not that the appraisals were wrong. Dunno about paperwork flaws.
Give us some detail about your High Court quashing Alastair?
Bill.

On Fri, 17 Apr 2020 at 15:26, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

That’s true and let's be honest, pretty poor practice, BUT (and any legal
eagles lurking may correct me) to be successful in the quashing of a TPO in
the high court, there needs to be more than just an issue with the way the
order was made or served, you have to have suffered a prejudice arising
directly from that failure. Simply having the order in place is not a
prejudice I don't think.

I'm pretty sure that’s the way it was explained to me when one of our TPOs
was quashed in the High Court ☹ . One learns one's lessons well.

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Jim Quaife
Sent: 17 April 2020 14:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Serving a TPO

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:
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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
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The UKTC is supported by Bosky Trees arboricultural consultancy
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