211 Notice

[Will Heal]

So after you have given notice then the council have to put on a tpo within the six weeks?

Just wondering Because a customer of mine gave the council a 211 to fell a beech tree. The tree officer said no they could not, it would be refused and a tpo would be put on the tree. This was well over 6 weeks ago. I rang the tree officer to check if the tree now had a tpo on it, and if I needed to apply for permission to work on a tpo tree, he said to submit the application form but tick the tree in a conservation area box. This would suggest to me that the tpo has not been made. The 211 has been given and the 6 weeks is well over.

Sorry if this does not make sense but I am confused

 

 

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[Adam M]

When do they start, is an issue with all notices. This has led, unsurprisingly, to numerous court cases. In answer to the original question, day 1 starts the day after the notice was received by the LPA, unless expressly stated otherwise. That is the precedent the courts have set, albeit it I'm not aware of a specific S211 case. So day one does not start at 8:15 on the day the notice was served, rather the following day.

 

There's more than one way to serve the TPO. I would almost always do it by hand to the owner, even if that meant posting it if no one was in; duly served. I'd also inform the contractor by phone to let them know a TPO had been served and their copy was in the post. I'd also put up a site notice as a matter of course. There will no doubt be a court case somewhere about not being at home to sign for the letter, I bet it didn't go well for the recipient.

 

I couldn't agree more about not leaving it to the last minute.

 

Ed

 

I'm aware (possibly via Richard Nicholson's training day) of a case where TPO's were sent recorded or special delivery. One person signed for it but the other wasn't in. They talked over the garden fence and matey clocked that the letter he had to pick up from post office was a TPO. Then went ahead and nobbled the tree and never picked the tpo up. Tpo not served to him.

[Gary Prentice]

They can serve anytime, but after six weeks the tree isn't protected by the CA.

 

Shoddy work by the LA and then pulling the wool over your eyes while they get their act together.

[Adam M]

So after you have given notice then the council have to put on a tpo within the six weeks?

Just wondering Because a customer of mine gave the council a 211 to fell a beech tree. The tree officer said no they could not, it would be refused and a tpo would be put on the tree. This was well over 6 weeks ago. I rang the tree officer to check if the tree now had a tpo on it, and if I needed to apply for permission to work on a tpo tree, he said to submit the application form but tick the tree in a conservation area box. This would suggest to me that the tpo has not been made. The 211 has been given and the 6 weeks is well over.

Sorry if this does not make sense but I am confused

 

 

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If matey notified of intent to fell the beech and now it's gone past 6 weeks and no tpo received, get stuck in.

[Will Heal]

So after you have given notice then the council have to put on a tpo within the six weeks?

Just wondering Because a customer of mine gave the council a 211 to fell a beech tree. The tree officer said no they could not, it would be refused and a tpo would be put on the tree. This was well over 6 weeks ago. I rang the tree officer to check if the tree now had a tpo on it, and if I needed to apply for permission to work on a tpo tree, he said to submit the application form but tick the tree in a conservation area box. This would suggest to me that the tpo has not been made. The 211 has been given and the 6 weeks is well over.

Sorry if this does not make sense but I am confused

 

 

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[kevinjohnsonmbe]

Makes sense Will.

 

Yes, 6 weeks (if we can ever decide what 6 weeks / 42 days actually is - only important if you wanted to start work on the 42/43 day specifically) from the submission of a valid notice, the LA should either send a notice confirming there is no objection (not mandatory, some may just let the time run and do nothing) or notify that a TPO is to be implemented.

 

No news = no objection. Objection = TPO. That's the 2 options. Might be as well to phone after 6 weeks if no news just to set your own mind / conscience at rest but I wouldn't be inclined to submit another 211 notice.

[kevinjohnsonmbe]

 

 

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Errr, No!

[Will Heal]

So I can't fell it?

 

 

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[Will Heal]

Why then does the TO want it ticked as a tree in a conservation area and not as a tpo' tree?

 

 

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[kevinjohnsonmbe]

So I CAN fell it?

 

 

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Sorry, I meant "errr, no" to LA not you!!