UKTC Archive

RE: TPO top trumps

Subject: RE: TPO top trumps
From: Mark Hinsley
Date: Oct 20 2020 15:13:53
Not sure I agree

What other types of tree work do not require a section 211 notice?
A section 211 notice is not required where the cutting down, topping, lopping 
or uprooting of a tree is permissible under an exception to the requirement 
to apply for consent under a Tree Preservation Order. Nor is a section 211 
notice required for:
•       the cutting down, topping, lopping or uprooting of a tree by, or on 
behalf of, the authority;
•       the cutting down, topping, lopping or uprooting of a tree by or on 
behalf of the Forestry Commission on land in which it has an interest; or
•       cutting down a tree in accordance with a felling licence or a plan of 
woodland operations agreed by the Forestry Commission.
Paragraph: 132 Reference ID: 36-132-20140306
Revision date: 06 03 2014

England[edit]
For most matters, the planning authority is the borough, district or unitary 
council for the area.

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 20 October 2020 15:43
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO top trumps

Mark , I've just read this back and I think I misinterpreted your point. Of 
course it is ONLY the planning authority who has an exemption, not the 
Council as a whole. The Regulations are quite specific. 


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Mark Hinsley
Sent: 19 October 2020 16:49
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO top trumps

That rather drives a coach and horses through the logic behind council owned 
trees in a Conservation Area not being protected as that exemption applies to 
the whole council and not just the planning authority bit!

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Alastair Durkin
Sent: 19 October 2020 16:38
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO top trumps

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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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




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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