UKTC Archive

RE: TPO notification

Subject: RE: TPO notification
From: Alastair Durkin
Date: Sep 08 2021 10:55:16
Yes, I always found that slightly odd. It was a matter of months after all. 


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 08 September 2021 11:49
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO notification

Quite Alastair - CM had to publish before the 2012 Regs were issued!
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair Durkin
Sent: 08 September 2021 11:41
To: UK Tree Care
Subject: RE: TPO notification

Hi Jim

No, it doesn't mean a neighbour - unless roots or branches of said tree are 
likely to encroach their land AND they are entitled to cut the branches etc  
- so a mere occupier as opposed to owner may not fall into that category. 

That’s one of the things the 2012 Regs addressed. It drastically reduced the 
number of people that needed to be informed. For example, sometimes LPS would 
need to notify residents in blocks of flats that could run into hundreds. 
That doesn't really happen anymore.

A big improvement. 

Alastair


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 08 September 2021 11:33
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO notification

Yes,
But does that mean a neighbour?
Notification may mean posting a notice, but that is indirect.
Mynors suggests that neighbours may have an interest p.594 2nd Ed but Reg 2 
is specific to those who have entitlement to work on the tree/s in question.
If the primary criterion of a TPO is invoked - basically can it be seen from 
a publically accessible position - then the notification process could be 
ridiculously time-consuming.
I did discuss this with Peter Annett when the 2012 regs were being drafted, 
but it would have been too complicated to try and define wider interest in 
terms of a law.
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Alastair Durkin
Sent: 08 September 2021 11:17
To: UK Tree Care
Subject: RE: TPO notification

Hi Philip

In England its Regulation 5 (1)(a) The Town and Country Planning (Tree 
Preservation)(England) Regulations 2012.

Jim  - the phrase “person interested” is strictly defined in Regulation 2. A 
person is “interested” in land, for the purpose of these regulations, if he 
is:- 1. An owner of the land 2. An occupier of the land 3. Known to the 
authority to be entitled to cut down, lop or top any of the trees to which 
the order relates 4. Known to the authority to be entitled to work by surface 
working any minerals in, on or under the land affected by the order.

Hope this helps

Alastair

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 08 September 2021 10:59
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: TPO notification

Hi Philip,
TPOs should be served on those with an interest in the land - discuss!
Jim

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Philip Wilson
Sent: 08 September 2021 10:51
To: UK Tree Care
Subject: TPO notification

When an LPA serves a TPO, it notifies those with an interest in the land. I 
believe this should include the owner/s of the adjoining land. 

Can anyone say offhand under what regulation the notification is to occur?

Philip




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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
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https://www.stockholmtreepits.co.uk