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: Alastair Durkin
Date: Aug 17 2020 08:38:00
Not quite specifically on this subject Bill, but I hope you enjoyed the 
article nonetheless. I thought some clarification was sorely required as to 
the exception. 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Bill Anderson
Sent: 13 August 2020 18:35
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: Re: Serving a new TPO on a development site whilst a planning 
application is being considered

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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To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk