TPO appeal

[kevinjohnsonmbe]

I’m pretty clear in my mind, but just wanted to sanity check with the AT massive....

 

As I read it, only the applicant can appeal a TPO decision (within 28 days of the DN) by a LA. There doesn’t appear to be a route for a 3rd party to do so. (I don’t read that a meaning a representative of the applicant cannot act on their behalf - that kind of goes without saying - but rather that a person other than the tree owner (when the tree owner is the applicant) cannot appeal a decision when an application has been submitted by the tree owner. 

 

The scenario:

 

Neighbour registers a notice with tree owner that tree is causing subs. 

 

Supporting arb report is sketchy at best. 

 

Tree owners ins co requires tree owner to fell (typically risk averse course of least resistance)

 

Tree owner (reluctantly) acquiesces to ins co requirement and submits TPO app to fell

 

LA refuse (quite rightly)

 

Tree owner is content but seems to anticipate an appeal from neighbour to LA

 

I don’t think there is a route for this - not sure who has given this impression to tree owner. 

 

(I’m not involved in any of this other than as an interested observer)

[daltontrees]

Interesting indeed Edward. No--one but the applicant or his agent can appeal, but anyone can apply, and then they can appeal. If the appeal succeeded and gave subsidence as the reason for felling, the plot would be thickened considerably.

 

If I was the owner I would probably have appealed anyway just to exhaust the process because further down the line the insurer could get very difficult or it could go to a compensation claim against the Council.

[kevinjohnsonmbe]

There we have the benefit of sharing ??  

 

The tree owner never wanted the app to be approved and is happy (after putting their case direct to the TO and canvassing neighbours to forward objections) that it was refused. 

 

If the neighbour or the tree owners ins co submitted a subsequent TPO app now, it’d likely similarly fail on the precedent of the preceding one - unless they seriously ramped up the supporting evidence. 

 

If either did get a successful app approval BUT the tree owner declined to have the work done to their tree then liability would rest with the tree owner for any future damage. 

 

This is one has been fun. 

[Mark Bolam]

I didn't realise anyone could apply to fell a TPO'd tree, regardless of what the owner of the tree thinks or wants.

 

Sad day when you learn nothing!

[kevinjohnsonmbe]

56 minutes ago, Mark Bolam said:

I didn't realise anyone could apply to fell a TPO'd tree, regardless of what the owner of the tree thinks or wants.

 

Sad day when you learn nothing!

Anyone can submit an application Mr B, regardless of what the tree owner wants / thinks. 

 

Ive just done one where the tree owner (Trustees of a private cemetery) are known hostiles. 

 

It was all the better for knowing they would (if they could) have wanted to prevent the works. ?

[Mark Bolam]

Apart from the obvious, overhanging limbs, surely the owner has the right to decide whether their trees are worked on or not?

[kevinjohnsonmbe]

It was overhanging branches Mark. They have the opportunity to present valid arboricultural reasons to object to the application but a decent app with reasonable proposals and sound justification kind of negates that. They could refuse access, if it is required, but access to neighbouring land act can be used if necessary. 

[Mark Bolam]

Can't that turn into a legal ballache quite quickly though?

[kevinjohnsonmbe]

54 minutes ago, EdwardC said:

Getting consent to do work on your neighbours protected tree doesn't give any authority whatsoever to enter their land to do the works. But they should be consulted by the Council.

 

You can apply fot planning permission to demolish your neighbours house and build a mansion on the site, swimming pool and all. But if you get permission you can't build it. When my Godfather died his house was sold. It was being bought by someone my partner recognised as a developer. She'd been a senior planner in that particular authority. We checked on line and they'd applied to demolish his house and put five flats on the site. They'd not said a word to the executors though, and the application form was incorrectly filled out regards ownership. Anyway, there were a few delays with the sale. Finally everything was sorted, which oddly coincided with the permission being granted. When the executors asked for more money because it was now being sold with planning permission, the buyer went apoplectic. Still paid up though.

 

Planning permission, or TPO permission, goes with the land and whoever from time to time is the owner of the land.

That was a lucky spot and entirely appropriate to amend the sale price (I’m guessing it was pre-exchange of contract) since the ‘value’ of what was being placed on the market had materially / significantly increased. 

[Mark Bolam]

Thanks Edward, that makes a lot more sense to me now.

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