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 17:35:36
And now I'd better go and read Alastair's article on this very subject on
the just-arrived Arb Magazine.

On Thu, 13 Aug 2020 at 18:33, Bill Anderson <anderson.arb.original@xxxxxx.com>
wrote:

"Whenever it is appropriate" seems to be the crux of the matter Andrew.
Mingle that with "expedient" and "in the interests amenity" and it's all as
clear as mud. But I would find it hard to argue with reasoning that said
"it's a temporary Order that will be refined or otherwise when planning
consent is granted."

I firmly believe that if LPAs actually did what they were supposed to do,
that is develop a structured system of amenity valuation, and publish it
and stick to it, I could say to worried developers "the LPA won't protect
these trees as they're not going to meet the TPO threshold," I would then
find it easier to say to clients "don't preemptively fell trees." I have
had exactly that conversation this morning.

Last year I had a Chief Planning Officer, immediately after he'd served a
TPO on a tree, tell me that I should lie to my clients about their likely
behaviour. That is, in response to a question from a client along the lines
of "will this Council serve a TPO and then use it to refuse me planning
permission? I should deny what happened last time..... Go figure.

Bill.

On Thu, 13 Aug 2020 at 15:33, Andrew Jones <Andrew.jones@xxxxxxxxxxx.gov.uk>
wrote:

Town and country Planning Act 1990 (while it lasts) S.197 – this is our
primary legislation folks!



I think we all tend to conveniently (or deliberately) forget that LPAs
have a statutory obligation to consider making TPO's at the same time as
considering planning applications. Perhaps the LPA in question should be
applauded for its effort, how many LPA’s can demonstrate how the S.197 duty
is fulfilled…?



Maybe when 'planning for the future' we need 'pattern books' for
permitted tree works - or perhaps we just adequately resource LPA's to make
better/quicker decisions, review their existing TPO’s and enable LPA’s to
revoke redundant TPO’s and make new ones where justified on a more
strategic basis?


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