TPO application advice..

[brownie1964]

I have been asked to look at two Birch trees by my team leader, the two trees are both mature and stand on a new development block, they both have now been incorporated into the rear gardens of both properties. OK so we went to look at them as the development officer said they had to come out, when we got there we noticed the soil level had been removed within 500mm of both trees to a depth of 600mm. Yeah you got it, feeder roots; anchor roots ripped out and filled back with clean none contaminated soil. First thing we did was to check to see if there was a TPO attached to them, or retaining order in the planning conditions. I contacted the tree officer and he told me no TPO was on the trees and an order to retain them had been, he told me that he didn’t have a problem with them coming out. The trees are still in, but I was online last night and saw that an order had been received to work on TPO trees and these were the trees. Reading the application form I noticed a surveyor had filled it in and he had put himself down as the applicant and the agent, he is not an arborist. So my question is, should he have put the arborist on the application form as the agent who will be undertaking the work, as we are not mentioned on the application and has we was told no TPO was on the trees but an order to work on them has been received where do we stand??

 

I know it is long winded but it gives you a general idea of the work that’s gone on.

 

Cheers.

[Ben]

First thing I would do is to get the Tree Officer to comfirm in writing that the trees have no orders on them and grant you permision to remove them.

[treediver]

Anyone can apply for work on tpo's/conservation areas trees . He's put himself down as agent so he gets all the feedback/notification of works and being a surveyors probably thinks he knows whats best for the trees... usually felling

Just dont work on them before your sure the all clears been given.

[Log-ologist]

From what i can tell these trees where to be retained as part of planning consent which means they are not covered by TPO's but the local planning authority may decline to sign off the works ( building) as complete if they are not present at the final inspection. It may be that TPO's will not be put on the trees at all as they have been damaged during construction , The damage of the trees may then lead to a breach of planning consent.

 

You gotta clarify the issue with the LA.

[Ben]

From what i can tell these trees where to be retained as part of planning consent which means they are not covered by TPO's but the local planning authority may decline to sign off the works ( building) as complete if they are not present at the final inspection. It may be that TPO's will not be put on the trees at all as they have been damaged during construction , The damage of the trees may then lead to a breach of planning consent.

 

You gotta clarify the issue with the LA.

 

Very good point Log-ologist.

[brownie1964]

Thanks for all your advice guys, ill get the LA to clarify things and put it in writing that they can be removed.

 

Thanks again

[Topcat]

Any TPO should have been served when the LPA recieved the planning application.There could well be a planning condition,but that should not concern you and any order you get to remove the trees. Just be careful that it's not a conservation area. If there is no TPO in place the LPA would find it very difficult to justify one now given the damage. I would have felled the trees, taken pictures and argued and still would if they placed an emergency TPO. The LPA had every chance to protect the trees pre development and have no case for placing one after.

 

Everyone as the right to see the LPA TPO register. Check it yourself.Never trust anyone.Most LPA officers have their own version of TPO law and often give unbelievable advice. Get a copy of the blue book and know it like your best friend. If you ever have a problem, Steve Clarke is the man to talk to, His No's in the back of the book.

[Bundle 2]

Just dont work on them before your sure the all clears been given.

 

It seems that a conflict over care of duty may arise. Dont work them without learning their current status.

An LPA or tree officer may try and rush a TPO if they are afraid that davelopers have ignored the status of the trees which will have been detailed in the planning consent...this does happen asnd is the knee jerk reaction of councils who are abused. You could find yourself the unwitting victim of expedience.

When advised above that the planning consent status does not concern you...it does and it should be adhered to..You sre being asked to cut your own throat?!

[Amelanchier]

Any TPO should have been served when the LPA recieved the planning application.There could well be a planning condition,but that should not concern you and any order you get to remove the trees.

 

Er, if a tree is protected by planning conditions why should any tree worker being asked to remove trees not be concerned?

 

I would suggest that the LPA is at liberty to make a TPO whenever they feel it is expedient to do so. Therefore if it is felt that trees would best be protected by planning conditions (maybe the only threat is from the excavation for example) then it would not be necessary to make a TPO.

 

It is a gross error to assume that because there are no TPOs present on a development site that the trees are not protected.

 

If an Arboricultural Implications Assessment has been agreed followed are you expecting the LPA to TPO everything on site just in case the developer decides not to follow it?

[Bundle 2]

No. but neither by the same token do you expect a lousy tree with its roots all cut away to be slapped up side the head with a TPO