UKTC Archive

RE: TPO top trumps

Subject: RE: TPO top trumps
From: Alastair Durkin
Date: Oct 21 2020 08:11:16
To be honest Jon, in these days of outsourcing, and authorities being split 
into different entities, I think this is probably the most relevant time for 
some oversight. Let's not forget that the exception even for LPAs doesn't 
exist for TPO trees, irrespective of what LPA means. I'm only going by how 
it's been explained to me in the past, but I'll admit that when I go to 
Mynors, it suggest the opposite of what I'm now spouting. I also had 
something I paid for from an online legal library when I was researching for 
an article, but for the life of me I can't find it now. 

Alastair




-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jon Heuch
Sent: 20 October 2020 16:26
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO top trumps

Alastair

 

We could go round in circles here.

 

Section 1 of the Town and Country Planning Act 1990 reads:

 

Local planning authorities: are ..the council (cutting out a few words)..that 
is the council of councillors. Councillors have to consider the whole, whilst 
individual council employees may be tasked with specialist tasks whether that 
be planning or tree management or whatever else.

 

Surely, Reg 15 is there so that Councils (as tree owners) do not need to give 
themselves (as local planning authority) 6 weeks written notice of their 
intention to undertake works to trees they own in Conservation Areas?
The assumption I assume is that councils are grown-ups and would sort out any 
basic internal disagreements between tree managers and planning officers 
without having to put their dirty laundry into the public domain? That's why 
councils make plans (or should do) so these sorts of things such as conflicts 
of ideas are anticipated. The silo mentality of tree managers and planning 
officers as described seems to be a retreat into bureaucracy and to blame the 
law is simply wrong.

 

All Reg 15 states is that S211 does not apply to local planning authorities 
and since much of s211 has disappeared all it says is that if you do works to 
a tree in a conservation area without authorisation you're guilty of an 
offence i.e. the council could prosecute  the council. Which part of the 
council would do the prosecution? That's a great use of public resources & it 
wouldn't occur, would it?

 

Jon 

 




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