UKTC Archive

Re: TPO top trumps

Subject: Re: TPO top trumps
From: Bill Anderson
Date: Oct 21 2020 09:52:11
I think Jim meant "genteel" rather than "gentile...." We don't need to get
into contortions like the Labour Party's recent ones.

That aside, I've recently served a S211 on a couple of street trees, as a
result of a client having gained planning permission to put a drive into
his front garden. In granting planning permission you'd presume that
Planning might have discussed the fairly obvious matter of how to stick a
dropped kerb between two street trees with Highways, especially when the
conscientious Arb pointed out the problem. But no, Highways have simply
said sort it with Planning, who don't really want to get involved with
street trees.
They've declined to make a TPO....

On Wed, 21 Oct 2020 at 09:39, Alastair Durkin <ADurkin@xxxxxxxxxx.gov.uk>
wrote:

That's what I said John 😊

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
<uktc-request@xxxxxx.tree-care.info>
On Behalf Of John Booth
Sent: 21 October 2020 09:26
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO top trumps

Pretty sure a Council has to apply for permission to do work on its own
TPO's trees!!

John

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info [mailto:
uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair Durkin
Sent: 21 October 2020 09:10
To: UK Tree Care
Subject: RE: TPO top trumps

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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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