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Confirmed TPO

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2 hours ago, EdwardC said:

The register...There is no prescribed format as far as I am aware. Nor a requirement to have a separate register for each individual TPO, or one searchable in any particular way although being able to search by way of TPO ref. would seem sensible.

 

Interestingly there seems no requirement to have a register listing all the Council's TPO's, date made, date confirmed, modified, varied, revoked etc. On that basis a TPO not being on the register wouldn't seem to be a particularly strong defence to a prosecution.

Yes we are mixing terminology for two related things (i) All confirmed TPOs must be kept available for inspection (but not necessarily inthe form of a 'register' (ii) All TPO applications must be available for inspection in a public register.

So to clarify my ealrier comments, I mean that the non-availability of a TPO for inspection, free of charge,
at all reasonable hours, at the offices of the planning authority by whom the tree preservation order
was made, is a breach of Regulations, both sides of the border, and that Mynors alludes to this being a defence against prosecution.

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3 hours ago, EdwardC said:

The register...There is no prescribed format as far as I am aware. Nor a requirement to have a separate register for each individual TPO, or one searchable in any particular way although being able to search by way of TPO ref. would seem sensible.

As to the contents/headings in the register https://www.legislation.gov.uk/uksi/2012/605/regulation/12/made 

The regulations 12 (1)(a) and 12(1)(b) use the phrase "under an order"; the required register is not just a list of tree work applications. Clearly 99% of people are only interested in trees on their or their clients property and being able to search by property is essential.....but with larger & older orders covering multiple properties, especially where there is a dispute, it's highly desirable to look at the management of the order as a whole & in the round.....if the council has allowed trees to be felled as part of the order but is not allowing my tree to be felled there is an argument to be made that there is inconsistency and unfairness involved...…..but arboriculture on the whole is stuck in the management of individual trees or small groups of trees so it's clear why this type of issue hasn't been raised much in the past.

Before 2012 for older orders the register (and remember this requirement was described in the order, not in the regulations) had to include all details of compensation paid. It would have been an interesting exercise to collate just how much councils had paid up......but I doubt any councils kept that record for public viewing.....no-one asked for the information....& it's not required any more so it will be a difficult exercise to drag out of any councils in the future.....I have seen a few FoI requests for this type of info & there are various reasons why it can be withheld.

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7 hours ago, Jon Heuch said:

The regulations 12 (1)(a) and 12(1)(b) use the phrase "under an order"; the required register is not just a list of tree work applications. Clearly 99% of people are only interested in trees on their or their clients property and being able to search by property is essential.....but with larger & older orders covering multiple properties, especially where there is a dispute, it's highly desirable to look at the management of the order as a whole & in the round.....if the council has allowed trees to be felled as part of the order but is not allowing my tree to be felled there is an argument to be made that there is inconsistency and unfairness involved...…..but arboriculture on the whole is stuck in the management of individual trees or small groups of trees so it's clear why this type of issue hasn't been raised much in the past.

Before 2012 for older orders the register (and remember this requirement was described in the order, not in the regulations) had to include all details of compensation paid. It would have been an interesting exercise to collate just how much councils had paid up......but I doubt any councils kept that record for public viewing.....no-one asked for the information....& it's not required any more so it will be a difficult exercise to drag out of any councils in the future.....I have seen a few FoI requests for this type of info & there are various reasons why it can be withheld.

That's a bit selective Jon. What the Regs. say is 'details of every application under an order' and 'a statement of the subject-matter of every appeal under an order'. Not that every order has to have its own register of works or appeals. If the relevant information is on the planning system doesn't that meet the requirements of the Regs, the register. I guess such lexical semantics are for the courts to decide.

 

Historic applications/decisions are always interesting. I'd  like to think that as a council officer I was consistent and treated everyone the same. Trouble is when it was taken out of my hands and placed in the hands of councillors or senior managers a less professional view, a more see your mates right/political view was taken. It was, of course, left to me to explain why someone who was in with the in crowd should be treated better than your average resident.

 

Julian  I agree regards the TPO not being available to view.

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