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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