UKTC Archive

RE: TPO top trumps

Subject: RE: TPO top trumps
From: Alastair Durkin
Date: Oct 19 2020 15:38:27
I'm sure many will be gasping and harrumphing with exasperation about this, 
but the fact is that an LPA is a separate entity from the rest of the Council 
in these matters. That’s why a Council might make a planning application to 
itself, and the LPA (potentially within the same building and under the same 
CEO) might refuse it. There are competing needs and responsibilities, but the 
overriding justification for making a TPO is that it is expedient in the 
interests of amenity - the same cannot be said for the decision making 
process with the Council's own trees, when it comes to whether or not a 
Council tenant can remove a tree (for example).

But in direct answer to the question - the TPO wins the day. 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of John Hearne
Sent: 19 October 2020 15:52
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: TPO top trumps

I think I know that the TPO is top trump in this scenario but thought I'd 
seek other opinions.

I have an enquiry from someone has been given written permission from the 
Council to fell a tree on council land subject to conditions about it being 
wholly at their cost, replacement planting, contractor insurance cover etc.

A little later, on submission of a planning application for building 
extension, the Council (albeit a different department) served a TPO. The 
Order was also served on the tree officer who had written giving permission 
for the felling.

I guess the TPO overrules the original permission?

John

-- 

Hearne Arboriculture

www.hearnearboriculture.com



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