Worthy of a TPO?

[Philip Anderson]

I would call the Tree Officers Bluff ,leave the notification in ,he o r she has to justify putting a TPO on the cherry imo you have plenty of justification for removal which is the most sensible option as the Tree is compromised structurally and with its full crown something is going to give,probably the wall.

A sensible pragmatic approach by the TO would have been sensible in this case.

[AA Teccie (Paul)]

11 hours ago, openspaceman said:

If the TO manages to get a TPO on the tree and it is appealed within the 6 weeks ...

Apologies if I've missed the context here, but being pedantic there is no 'appeal' opportunity to the making of a TPO. Once served, the LPA (Local Planning Authority..."the Council") has to allow at least 28 days for representations, either objecting or supporting the TPO.

 

The only 'appeal' opportunity is to PINS (the Planning Inspectorate) after having made an application to remove the tree and it being refused...or 'unreasonable' conditions imposed (I think), e.g. you have to replacement plant with 5 trees. Be mindful, as others have mentioned, there is a significant backlog here, up to 12 months, and, apparently, PINS are using planners rather than arbs, i.e. non-specialist, to determine them and the likelihood is the best case 'on paper' will be successful...hence ensure your reasons and supporting evidence are comprehensive (perhaps consider engaging a consultant, with experience, to assist.)

 

Cheers..

Paul

[kevinjohnsonmbe]

What a great example of the often neglected (client & Arb) complexities of this game.... What may at first seem reasonably straight forward....

 

It’d be good to have a follow up which provided the LA perspective and the final outcome. 

 

??

[openspaceman]

7 hours ago, AA Teccie (Paul) said:

Apologies if I've missed the context here, but being pedantic there is no 'appeal' opportunity to the making of a TPO. Once served, the LPA (Local Planning Authority..."the Council") has to allow at least 28 days for representations, either objecting or supporting the TPO.

No apologies necessary; I had got it wrong and was confusing the 28 days for representations  for a new TPO with the appeal process if works for an existing TPO was refused.

 

It makes no difference to this case where a 211 notice has been served  up till the point the TO makes a TPO so the client needs to have his arguments ready.

 

Can anyone clarify whether the TO can make an order without it going before a planning committee?

[AA Teccie (Paul)]

2 minutes ago, openspaceman said:

Can anyone clarify whether the TO can make an order without it going before a planning committee?

Think that's down to local arrangements / council procedure. It's usual that it has to go before a committee prior to confirmation if objections are received...I think.

[Wonky]

Tl:dr all thread.

 

just pull it over before it’s to late. In the next wind of course ?

 

and of course plant another in  a better place..?

 

 

[Jcarbor]

Think that's down to local arrangements / council procedure. It's usual that it has to go before a committee prior to confirmation if objections are received...I think.

Harrogate got rid of the committee option, this allows them to get away with listening to reasonable objections,more power to them.

[Adam M]

Unless the area was seriously lacking in trees, I'd probably let this one go.

[Adam M]

3 minutes ago, Jcarbor said:

Harrogate got rid of the committee option, this allows them to get away with listening to reasonable objections,more power to them.

So the tree officer not only becomes judge Judy and executioner, they also have their cake and eat it. 

[kevinjohnsonmbe]

49 minutes ago, Adam M said:

So the tree officer not only becomes judge Judy and executioner, they also have their cake and eat it. 

Only at the weekend! ???