UKTC Archive

RE: [EXTERNAL] Serving a TPO

Subject: RE: [EXTERNAL] Serving a TPO
From: Alastair Durkin
Date: Apr 28 2020 13:07:09
That’s pretty much what they all should look like to be honest. A Regulation 
5 Notice, that also refers to Regulation 6. If not there is something wrong!

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jonathan Hazell
Sent: 28 April 2020 08:41
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Serving a TPO

Thanks Ron

Jonathan

On Tue, 28 Apr 2020 at 08:25, Howe, Ron <Ron.Howe@xxxxxxxxxxx.gov.uk> wrote:


TOWN AND COUNTRY PLANNING ACT 1990

Town and Country Planning (Tree Preservation)(England) Regulations 
2012

To
of


Mole Valley District Council (
                      , Surrey) Tree Preservation Order [YEAR]

THIS IS A FORMAL NOTICE to let you know that on the         [DATE]
    the Council made the above tree preservation order in respect of 
land in which you appear to have an interest. A copy of the order is 
enclosed.
In simple terms, it prohibits anyone from cutting down, topping or 
lopping any of the trees specified in the ‘specification of trees’ and 
shown on the map without the Council's consent.

The Council have made the order because:-

[The healthy tree(s) by virtue of the location at the front of the 
property are clearly visible to public areas and the road and are 
considered to be of public amenity and landscape significance to the 
character of the [conservation] area and are under threat of damage 
and removal as a result of proposed development/a Notice to remove the 
tree(s).]

The Council will consider whether the order should be confirmed, that 
is to say, whether it should take effect permanently.  Before this 
decision is made, the people affected by the order have a right to 
make objections or other representations about any of the trees, group 
of trees or woodlands covered by the order.

If you would like to make any objections or other comments, please 
make sure we receive them within 28 days of the date of this letter. 
Your comments must comply with regulation 6 of the Town and Country 
Planning (Tree Preservation)(England) Regulations 2012, a copy of 
which is provided overleaf. Send your comments to Planning at Mole 
Valley District Council, Pippbrook, Dorking, Surrey RH4 1SJ.

All valid objections or representations are carefully considered 
before a decision on whether to confirm the order is made.

The Council will write to you again when a decision has been made.  In 
the meantime if you would like any further information, or have any 
questions about this notice, please contact the Council's Tree 
Officer, Mr. Howe, on
01306 XXX XXX during normal office hours.



Dated: [DATE]Signed:
....................................................................
Duly authorised officer on behalf of Mole Valley District Council



Objections and representations

6.  (1)  Subject to paragraph (2), objections and representations— 
(a)shall be made in writing and— (i)delivered to the authority not 
later than the date specified by them under regulation 5(2)(c); or 
(ii)sent to the authority in a properly addressed and pre-paid letter 
posted at such time that, in the ordinary course of post, it would be 
delivered to them not later than that date; (b)shall specify the 
particular trees, groups of trees or woodlands (as the case may be) in 
respect of which such objections and representations are made; and 
(c)in the case of an objection, shall state the reasons for the objection.
(2) The authority may treat as duly made objections and 
representations which do not comply with the requirements of paragraph 
(1) if, in the particular case, they are satisfied that compliance 
with those requirements could not reasonably have been expected.



-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of Jonathan Hazell
Sent: 21 April 2020 16:31
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: [EXTERNAL] Serving a TPO

Thanks Ron,

What form does your "formal notice which explains the right to object 
and the reasons for making the Order." take please?

Jonathan





On Tue, 21 Apr 2020 at 16:20, Howe, Ron <Ron.Howe@xxxxxxxxxxx.gov.uk>
wrote:

Sorry if I'm late to this but, it is clearly set out in the 2012 
regulations at:

Section 5.—(1) As soon as practicable after making an order, and 
before confirming it, the authority which made it shall—

(a) serve on the persons interested in the land affected by the 
order—
(i) a copy of the order; and
(ii) a notice containing the particulars specified in paragraph (2);
(b) make a copy of the order available for public inspection, in 
accordance with paragraph (3); and
(c) in the case of an order made following service of a notice under 
section 211(3) (preservation of trees in conservation areas), serve 
on the person who served that notice the information specified in 
sub-paragraph (a).

The Order should be served along with a formal notice which explains 
the right to object and the reasons for making the Order. Orders are 
served by recorded delivery and if necessary a copy is posted on site.
It is also advisable to serve the Order on any adjoining properties 
which are overhung by the affected trees as those owners may want to
prune the protected trees.

Ron Howe
Tree Officer (Planning)
Mole Valley District Council
Tel. 01306 XXX XXX
Website -www.molevalley.gov.uk

Please take a look at the new 2012 Tree Preservation Regulations, 
Exemptions and Guidance:
Legislation 
http://www.legislation.gov.uk/uksi/2012/605/contents/made
Exemptions
http://www.legislation.gov.uk/uksi/2012/605/regulation/14/made
Notes
http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127
68
5.pdf
Guidance
http://planningguidance.communities.gov.uk/blog/guidance/tree-preser
va
tion-orders/

-----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: [EXTERNAL] Serving a TPO

Warning: email from outside of MVDC - if in any doubt do not open 
links or attachments, or carry out requested actions 
________________________________


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



--
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/ This MVDC email is only intended for 
the individual or organisation to whom or which it is addressed and 
may contain, either in the body of the email or attachment/s, 
information that is personal, confidential and/or subject to 
copyright. If you are not the intended recipient, please note that 
copying or distributing this message, attachment/s or other files 
associated within this email, is strictly prohibited. If you have 
received this email in error, please notify the sender immediately and 
then delete it.



--
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/



--

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/ This MVDC email is only intended for the 
individual or organisation to whom or which it is addressed and may 
contain, either in the body of the email or attachment/s, information 
that is personal, confidential and/or subject to copyright. If you are 
not the intended recipient, please note that copying or distributing 
this message, attachment/s or other files associated within this 
email, is strictly prohibited. If you have received this email in 
error, please notify the sender immediately and then delete it.



--
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/



-- 

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/



-- 
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/