UKTC Archive

Re: Serving a new TPO on a development site whilst a planning application is being considered

Subject: Re: Serving a new TPO on a development site whilst a planning application is being considered
From: Bill Anderson
Date: Aug 13 2020 12:42:39
If LPAs routinely did this, the end result is only ever likely to be
pre-emptive felling. So if that's what you want to encourage go ahead. My
best advice would be to serve an Area TPO with the definite commitment to
review it once the outline consent is approved. I mean a proper legal
undertaking to do that. I'm sick to the back teeth of ancient Area Orders
that should have been reviewed years ago, that serve only to make
unnecessary work for TOs and householders alike.

Depressingly I've had two enquiries this week about potential developments
where the fear of a TPO is creating a situation where developers see the
only way forward is to pre-emptively fell. My advice to keep the moral high
ground by not doing it, is extremely difficult to justify. And as I've
probably said before, if the LPAs would do what they're supposed to do,
that is develop a structured system of amenity valuation, and publish it,
so I can be more positive about what LPAs might or might not do, it would
be much better for all concerned, especially for the unnecessarily removed
trees.

Incidentally a few months ago I objected to a TPO that had been served when
a client paid an LPA for pre-development advice, which I think is morally
dubious. The only way I can see around this is to serve a precautionary
Area Order, with the commitment to review it.

Bill.

On Thu, 13 Aug 2020 at 11:30, oliver kaye <oliver-kaye@xxxxxxxx.co.uk> wrote:

Hi Jonathan,

Short answer is yes and you need to raise the point with the TO.

Regards

Olly.

Sent from my iPhone

On 13 Aug 2020, at 11:19, Mark <markhinsley@xxxxxxxxxxx.info> wrote:

Hi Jonathan

In my experience this is a fairly common occurrence when a planning
application is made on a site with unprotected trees. Particularly if they
are going to be a reason for refusal. To issue a refusal without a TPO is
just asking for the trees to be felled.

Mark

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <
uktc-request@xxxxxx.tree-care.info> On Behalf Of Jonathan Hazell
Sent: 13 August 2020 10:44
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Serving a new TPO on a development site whilst a planning
application is being considered

Morning all,

I'm sure we've been here before - can a TPO be served on a development
site whilst a planning application is being considered, and if so where do
I find the relevant information please, thanks as ever

--
Jonathan

Jonathan Hazell
07501 XXXXXX
jhazell.com



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The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
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