Trees and TPO

[skyhuck]

I knew someone would be pedantic and pull me on that! But, I was trying to provide a simple reply for someone, who after talking to at length, has little existing knowledge of the statutory protection pertaining to trees!

 

After 6 weeks you can crack on 'IF' they agree! If they don't AGREE they oppose it and serve a TPO.

 

If they serve a TPO, any interested parties may submit objections or representations with a specified timescale, which may be no less than 28 days - most LA's IME give no longer than the minimum 28 days specified in the T&CPA.

 

The LA, upon submission of a Section 211 Notification - named after the section in the T&CPA (Trees -regulations) which deals with notifying the LA of the intention of carrying out works to trees, may:

 

1) serve a TPO

2) tell the notifier that they do not oppose the works

3) do nothing

 

If they do nothing, after six weeks the work may be undertaken -but must be completed within 2 yrs & must not exceed the works notified to the LPA.

 

A TPO may be served after the six week notification period, but if, after six weeks and before the TPO is made, the work is done, the defence is that the authority were notified and that there was no protection in place at the time the work was done.

 

 

So, to make things simple, for the benefit of the OP - just take it that the LPA have to agree, accept, not oppose, whatever....

 

I'm sorry you think I'm a pedant, but I think there is enough misunderstanding, without adding to it.

 

If anything, I think you are one overcomplicating things, not me.

 

A 211 notice is just that a "notice" not an application. The councils lack of action does not imply "agreement". It simply means they do not feel the tree concerned is worthy of TPO, for whatever reason.

 

I not sure many TO's would thank you if you suggesting that they had "agreed" with a client topping a tree, simply because they had not prevented the work.

Edited April 9, 2017 by skyhuck

[Gary Prentice]

I'm sorry you think I'm a pedant, but I think there is enough misunderstanding, without adding to it.

 

If anything, I think you are one overcomplicating things, not me.

 

A 211 notice is just that a "notice" not an application. The councils lack of action does not imply "agreement". It simply means they do not feel the tree concerned is worthy of TPO, for whatever reason.

 

I not sure many TO's would thank you if you suggesting that they had "agreed" with a client topping a tree, simply because they had not prevented the work.

 

They may not have agreed to topping a tree, but they certainly haven't opposed it by protecting it by a TPO, have they?

 

You can have the win, I shouldn't have said 'agreement', I should have said 'unopposed'.

 

BTW, I do know the differences, all the differences, between Section 211 Notice submission and TPO applications. Probably averaging at two a week, and rising, and have been applying/submitting for the last ten years.

 

Along with TPO objections, representations and appeals.

Edited April 9, 2017 by Gary Prentice

[MATTMOSS]

Gary i know you have been involved in tree work for over 30 years but will you just stop trying to give people advice when they ask for help because you are are very confusing 🤣

[skyhuck]

They may not have agreed to topping a tree, but they certainly haven't opposed it by protecting it by a TPO, have they?

 

You can have the win, I shouldn't have said 'agreement', I should have said 'unopposed'.

 

BTW, I do know the differences, all the differences, between Section 211 Notice submission and TPO applications. Probably averaging at two a week, and rising, and have been applying/submitting for the last ten years.

 

Along with TPO objections, representations and appeals.

 

I have no interest in a "win" or any kind of pissing contest.

 

I simply feel clarity is very important.

 

There is a local council that tries to put conditions on unopposed 211's and claims listed building status protects trees within the grounds, its very unhelpful.

[Khriss]

...plus Bat habitats n bird nesting .. ( go to bed ! ) K

[Stubby]

Recently applied to work on a TPOed Oak . Our local tree officer said he wuld have to hand the application over to someone else as he was friends with , and played cricket with the customer and did not want there to be a conflict of interest . Very professional .

[stihlmadasever]

...plus Bat habitats n bird nesting .. ( go to bed ! ) K

 

Badger sets...

[Stubby]

Pixie dust and fairies also .

[AA Teccie (Paul)]

I simply feel clarity is very important.

 

There is a local council that tries to put conditions on unopposed 211's and claims listed building status protects trees within the grounds, its very unhelpful.

 

I consistently hear of similar things across the country from other contractors, as you rightly say, "very unhelpful." Not excusing it by any means but if this is not, for instance, a Tree Officer, either because there isn't one or it's delegated to planning admin, or even a Planning Officer sometimes, this can be in part the reason.

 

In all honesty if I found it happening increasingly I would make a formal complaint to the Council / Head of Planning Services and see if the situation improves...I guess the risk here though is upsetting the TO but clearly he ' she is upsetting/frustrating you.

 

A very unhelpful AND very difficult situation

 

Cheers,

Paul

[AA Teccie (Paul)]

...plus Bat habitats n bird nesting .. ( go to bed ! ) K

 

Remember these are 'Informatives' only which the Council / TO is bringing to your attention, helpfully. They have no jurisdiction as that is a matter for the Police ultimately though Natural England (and equivs in wider UK) would have an interest.

 

Cheers,

Paul