TPO check timescale

[scale90]

I've been asked by my client to check the status of TPO's on trees adjoining his boundary.

I've checked with planning and there is a discrepancy on the schedule as the species of trees are not on the schedule for the area. But planning has advised that they might be covered and advised me to check with the Arb Officer.

I've asked for clarification from the Arb Officer nearly a month ago and very little advice has been given. I've chased this up on a few occasions but just keep getting the response of I'll let you know by the end of the week.

 

How can I proceed with this, as the customer is on my case with regards to starting the work.

[wood cutter]

I had a similar issue that took 12 months to resolve. Good luck

 

Sent from my SM-G935F using Arbtalk mobile app

[Gary Prentice]

Have you seen the original order?

[scale90]

I've got the schedule which was put in place in 1983, the trees are Birch and they are a lot younger than that. I'm pretty sure there are no orders on them when relating to them on the plans. But planning has advised me to check just in case.

[Gary Prentice]

Does the schedule identify an area, a group or individual trees?

 

I'm trying to clarify the question. I.e. An area order and you think the trees weren't there at the time it was made, or a group order where the species present now is different to the species identified on the schedule?

 

Assuming the former, I've got the TO to confirm that the trees in question are, in his opinion, younger and therefore not protected. Not much use I'm afraid.

[kevinjohnsonmbe]

Is it a can I / can't I cut the neighbour's trees which are crossing the boundary scenario?

 

If yes, is it a desire to trim back an encroachment or an abating nuisance scenario?

[Roz]

To clarify the schedule states birch and the trees on site are birch? But by your assessment the birch present have been planted after 1983? when the TPO was served? There may have been a replacement planting notice issued hence younger specimens of the same species listed on the schedule - rather than wait for an answer consider making an application and start the clock ticking. If the application is not determined in the 8 weeks while it becomes a refusal by default you could then appeal.

[Gary Prentice]

To clarify the schedule states birch and the trees on site are birch? But by your assessment the birch present have been planted after 1983? when the TPO was served? There may have been a replacement planting notice issued hence younger specimens of the same species listed on the schedule - rather than wait for an answer consider making an application and start the clock ticking. If the application is not determined in the 8 weeks while it becomes a refusal by default you could then appeal.

 

And get an inspector with no arboricultural knowledge to decide:biggrin: is it only me that feels we're going backwards?

[Stubby]

And get an inspector with no arboricultural knowledge to decide:biggrin: is it only me that feels we're going backwards?

 

Swimming through treacle .

[AA Teccie (Paul)]

Pretty sure the old "Blue Book" advised 48hrs.

 

Clearly many LAs are cash strapped and under resourced BUT that's not your clients fault.

 

I would write to (email) the Arb Officer in question and ask for a confirmation within 5 days, perhaps citing the above and what's happened to date.

 

If no response is forthcoming, and said VERY reluctantly, I would consider a formal complaint to the LA which may do the TO a favour indicating he/she is under resourced...perhaps.

 

Good luck,

Paul