Partial refusal partial approval of tpo - where do I stand?

[daltontrees]

It has been discussed before and I believe it was shown that if the Council authorises work that wasn't applied for, it's not a consent. There is a mechanism for  this type of authorisation but I haven't the Acts to hand. I think it is implicit that the Council requires some trees to stay. If it's not a consent, then there doesn't need to be a mechanism to revoke it, the Council might just have to remove its authorisation.

It does seem likely that taking advantage of the possible loophole and felling the hornbeams now would consolidate the protection on the sycamores.

If the trees are in multiple ownership, someone's going to get pissed off. If they are in shared ownership, the party standing to come out of it worst could veto the work.

 

[kevinjohnsonmbe]

3 hours ago, daltontrees said:

 if the Council authorises work that wasn't applied for, it's not a consent.

 

.If it's not a consent, then there doesn't need to be a mechanism to revoke it,

the Council might just have to remove its authorisation.

 

3 hours ago, daltontrees said:

 

 

That would seem to make sense. 
 

Bit of a pickle all round. I wonder if the situation has arisen from inadequacies in the original submission or if it was LA generated - or a combo.  

[Hornbeamfella]

**update**So I've done some digging today. The trees are not shared by the 3 properties,all 3 properties just use the land and in the event of the full tpo being lifted would share the full cost of removal. I stand corrected. They sit in no mans land behind our houses (basically at the back of our fences where we all put our bins) but the title plan shows us owning the land of 3 of the hornbeams. Neighbour 1 owns 1 sycamore and 2 hornbeam and neighbour 3 (who has requested the work) owns half a sycamore, with the other half on our Land. 

 

The council specifically say that the trees (hornbeams) can be felled or cut as proposed within 2 years as they add no value. There are lots of sycamores on our street but only these 2 are protected. 

 

The tree surgeon did request work on the hornbeams with the LA. This was to reduce height by 2.5m and thin (unsure of amount). 

 

Neighbour 3 says the tree surgeon is submitting the exact same request as previously submitted. To fell the sycamore and re plant and to trim the hornbeam by 2.5 Metres. 

 

If this appears on the council website we will add comments in reference to the LA previously stating the hornbeam could be felled. 

 

Its also worth mentioning a person in the estate behind ours opposes the cutting of any trees and has been complaining to the council and as far as I'm aware, that person got the TPO's placed about 10 years ago. 

 

 

[kevinjohnsonmbe]

1 hour ago, Hornbeamfella said:

**update**So I've done some digging today. The trees are not shared by the 3 properties,all 3 properties just use the land and in the event of the full tpo being lifted would share the full cost of removal. I stand corrected. They sit in no mans land behind our houses (basically at the back of our fences where we all put our bins) but the title plan shows us owning the land of 3 of the hornbeams. Neighbour 1 owns 1 sycamore and 2 hornbeam and neighbour 3 (who has requested the work) owns half a sycamore, with the other half on our Land. 

 

The council specifically say that the trees (hornbeams) can be felled or cut as proposed within 2 years as they add no value. There are lots of sycamores on our street but only these 2 are protected. 

 

The tree surgeon did request work on the hornbeams with the LA. This was to reduce height by 2.5m and thin (unsure of amount). 

 

Neighbour 3 says the tree surgeon is submitting the exact same request as previously submitted. To fell the sycamore and re plant and to trim the hornbeam by 2.5 Metres. 

 

If this appears on the council website we will add comments in reference to the LA previously stating the hornbeam could be felled. 

 

Its also worth mentioning a person in the estate behind ours opposes the cutting of any trees and has been complaining to the council and as far as I'm aware, that person got the TPO's placed about 10 years ago. 

 

 

It sounds ‘complicated’ but it also sounds like you’ve got a tree cutter rather than someone that can present you with a clear and efficient process. 

[monkeybusiness]

How well do you get on with neighbour 3? 

[Hornbeamfella]

17 minutes ago, monkeybusiness said:

How well do you get on with neighbour 3? 

All 3 neighbours get on well but neighbour 3 is adamant that the only way the sycamore might come out is if the hornbeam stay. 

 

The hornbeam do not cause them any issues... 

[monkeybusiness]

32 minutes ago, Hornbeamfella said:

All 3 neighbours get on well but neighbour 3 is adamant that the only way the sycamore might come out is if the hornbeam stay. 

 

The hornbeam do not cause them any issues... 

By that logic the only way the hornbeams will come out is if the sycamores stay. 
 

I think you know what to do... 

[Will C]

Fell while you have the paperwork if it is the result you want. Once the application goes in for the sycamores you could lose your chance. 

[daltontrees]

On 25/06/2020 at 08:33, Khriss said:

I have two instances where developments companies did exactly that , with TPO trees - whilst TO was on leave...... K

 

( bollocks yes - cautionary certainly  ?)

Ah yes, I reacted quite strongly because it was the OP's first post and I hoped he might get some genuine considered advice. I occasionally look at Arbtalk Facebook and it's quite shocking how crass and unhelpul, not to mention downright illegal the advice there is. They all think they they are sooo funny. It's like the difference between the Times and the Sun if you're looking for actual news.

I take your point, I have had a few situations where advantage of lockdown has been taken by doing all sorts of illegal tree works under the defence of plausible deniability, knowing the Council isn't out and about   spotting things and would find it hard to prove when and by whom the deeds had been done. 

[Khriss]

@daltontrees  it's a dogs dinner really, that pikeyesque job was done on NBC turf.  EFDC  TO wanted us to mitigate an actionable nuisance ( our trees  - TPOed ) on their property. I drafted the spec' TO took the TPO off so we could do the work, then put it back in place - couldn't have been more helpful really.  God knows wot that lot are up to  K