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 17 2020 10:07:05
I know that now Alastair, and I suspect you're right, some people need it
spelled out. A useful piece.
Thanks. And John Heuch's piece on TPOs was illuminating as well. And while
I'm paying compliments, Julian's case study of a high hedge dispute was
interesting and made most of my long-drawn-out cases pale into
insignificance.
Bill.

On Mon, 17 Aug 2020 at 09:37, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

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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The UK Tree Care mailing list
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