Vague TPO

[Jon Heuch]

Its not uncommon for trees to be misidentified on a TPO.

 

I agree: a mis-identification in the TPO does not make the TPO uninforceable but clearly if there is doubt as to which tree is protected then if it ever came to a defence in a court room you can predict the likely defence......it's a criminal court so all the defendent needs to establish is reasonable doubt. Having a mis-identification gives a good entry point for establishing that.

[Chris at eden]

I agree: a mis-identification in the TPO does not make the TPO uninforceable but clearly if there is doubt as to which tree is protected then if it ever came to a defence in a court room you can predict the likely defence......it's a criminal court so all the defendent needs to establish is reasonable doubt. Having a mis-identification gives a good entry point for establishing that.

 

Yes I agree but if the TO has any sense it will never come to that, they will modify the schedule on confirmation once they have had a chance to look at the tree in leaf. Mind you, its a bit of a shocker of they can't identify a Walnut during the winter!!!

[kev7937]

I was definitely taught at college that a misidentified tree made the Tpo unenforceable, this was from a visiting tree officer who as I recall took great pleasure in informing us little loopholes and ways to get round them.

 

Not saying he's correct but i thought it may have helped our client in this situation, who fwiw I have more sympathy for now I know he isn't a developer but was extending the property for himself.

[Chris at eden]

I was definitely taught at college that a misidentified tree made the Tpo unenforceable, this was from a visiting tree officer who as I recall took great pleasure in informing us little loopholes and ways to get round them.

 

Not saying he's correct but i thought it may have helped our client in this situation, who fwiw I have more sympathy for now I know he isn't a developer but was extending the property for himself.

 

I would take great pleasure in telling him he is an idiot. I've enforced old TPOs with misidentified trees. I've also had legal departments refuse to enforce TPOs which were spot on for other reasons.

 

When you present these issues to the council legal department they will look at what are called mitigating and aggravating factors. Its what John was referring to when he mentioned using it as a defence, i.e. wrong tree on the schedule, I didn't know, Its not my fault - mitigating factor. But what if the tree officer had sent you an email saying that the tree on the schedule marked as a Norway maple is actually a sycamore and that it was just a minor mistake. That he advised that the tree was still protected and made reference to a site meeting where he advised you of the same. These would be aggravating factors. It would be a good idea to vary but I doubt you would get far with the defence of its not got the correct name on the schedule.

 

Anyway, its not misidentified. Its down as a deciduous tree which it is, and I suspect they will modify on confirmation to include the species. I cant really see a problem with that.

 

Cheers

[kev7937]

I would take great pleasure in telling him he is an idiot. I've enforced old TPOs with misidentified trees. I've also had legal departments refuse to enforce TPOs which were spot on for other reasons.

 

 

 

When you present these issues to the council legal department they will look at what are called mitigating and aggravating factors. Its what John was referring to when he mentioned using it as a defence, i.e. wrong tree on the schedule, I didn't know, Its not my fault - mitigating factor. But what if the tree officer had sent you an email saying that the tree on the schedule marked as a Norway maple is actually a sycamore and that it was just a minor mistake. That he advised that the tree was still protected and made reference to a site meeting where he advised you of the same. These would be aggravating factors. It would be a good idea to vary but I doubt you would get far with the defence of its not got the correct name on the schedule.

 

 

 

Anyway, its not misidentified. Its down as a deciduous tree which it is, and I suspect they will modify on confirmation to include the species. I cant really see a problem with that.

 

 

 

Cheers

 

 

Yep it's not a great problem I just thought I'd try and clarify it for the client as I felt a bit sorry for him really.

 

We wouldn't have removed the tree ourselves on a technicality, not really a great believer on peeing on your own doorstep.

 

Thanks for the input though.