UKTC Archive

Re: Serving a TPO

Subject: Re: Serving a TPO
From: Bill Anderson
Date: Apr 17 2020 18:39:45
That all sounds a bit rum Alastair. Many years ago, I was doing a site
clearance job, where I'd advised the client that he shouldn't do it until
he'd got his planning permission. We ended up half way through the job when
the TO turned up and told us he was going back to the office to make a TPO.
So I tidied up and went home. Never got paid, got threatened with being
sued for not having ignored the TO, it was a mess and a major stress. It
was long before the internet so I hadn't a clue what the rules were and
what the procedure is meant to be. It was a lesson that I probably would be
wisest to forget.
Bill.

On Fri, 17 Apr 2020 at 16:07, collinsdesigns <uktc@xxxxxx.tree-care.info>
wrote:

That's very interesting Jim But not having the funds for a barrister what
would you suggest is the way forward ? Sent from my Samsung Galaxy
smartphone.
-------- Original message --------From: Jim Quaife <
jq@xxxxxxxxxxxxxxxxx.co.uk> Date: 17/04/2020  14:50  (GMT+00:00) 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 collinsdesignsSent: 17
April 2020 14:25To: UK Tree CareSubject: RE: Serving a TPOI 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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