Area TPO

[ukminch]

Just been to look at a job. Involves removal of a few small trees less than 5years old, and removal of a large lime tree. Rung the council to check on the status of TPO/Conservation area and they say it is covered by an area TPO made in 1973 meaning that anything planted after that can be removed. They also said that they haven't got a list of the trees that were included in the order. Seems a bit strange, how would they know how old the tree I've removed is?

 

I've got a feeling I may be getting duff advice over the phone, anybody got any ideas where I actually stand? The lime is going to need an app, but unsure about the smaller trees?

 

R

[dandkgroundcare]

get them to confirm what they are saying in writing

[Bundle 2]

They may have photo evidence of the site @1973..or anytime after...This may come back to give ya bother if LA later claim you removed protected trees. The situation is one in which YOU ( as contractor) will have to prove you DID NOT....It could get a wee daft as you dont have any proof of what was there after 1973....

I would try sweet talk the LA to meet you on site and confirm they have no problems with proposed works....agree it then officially ( 1 App) and bobs your uncle....Right?

i believe LA may have been charged with updating emergency orders but there's nowt wrong with orders from 1973...apart from the obvious difficulties!

Up and coming updates to the legislation will see this anachronistic difficulty made simpler with any luck...(would need to look up the detail.) In the very least,get confimation of LA's take on it.....

[Andy Clark]

get them to confirm what they are saying in writing

 

I'll second that......

 

Ask them to send you through a copy of the order.

[Andy Clark]

They may have photo evidence of the site @1973..or anytime after...This may come back to give ya bother if LA later claim you removed protected trees. The situation is one in which YOU ( as contractor) will have to prove you DID NOT....It could get a wee daft as you dont have any proof of what was there after 1973....

I would try sweet talk the LA to meet you on site and confirm they have no problems with proposed works....agree it then officially ( 1 App) and bobs your uncle....Right?

i believe LA may have been charged with updating emergency orders but there's nowt wrong with orders from 1973...apart from the obvious difficulties!

Up and coming updates to the legislation will see this anachronistic difficulty made simpler with any luck...(would need to look up the detail.) In the very least,get confimation of LA's take on it.....

 

I'll second that, too....

 

Ask that the TO meets you on site to discuss the works. That way anything that seems to be in the "is it/isn't it" pre/post 73 order category, HE can decide and confirm. After the meeting, put it in writing and just ask that he confirms what was said on site. Throw in a clearly marked site plan and plenty of photos for reference.

 

Once you've got that, use planning portal do make the application, including a copy of the confirmation from the site meeting.

 

Jobs a goodun.

[ukminch]

Don't worry I'll definitely have whatever I need in writing, nearly got stung years ago - never again.

 

As i've got to put an application in anyway I'm just going to put everything on it. If necessary then I can argue about it afterwards. Just seemed a bit strange. All the times I've dealt with area TPO's in different counties they at least have a list of all the trees that should be there, these apparently haven't at all.

 

Cheers for the advice anyway.

 

Rob

[ukminch]

LA won't do a site visit unless it's a dangerous tree in which case I either put in a five day notice, or photograph it and send them a covering letter after the event to cover my arse.

 

How do others get on with the planning portal, I've found it to be far simpler to complete paper copies and hand them in, had a few problems doing it online.

R

[r2d2]

1app is too complicated and take too long for a general tree app. eveidence for this, 2 maps for that blah blah blah.

 

Why do they now require all this additional info when before it was fine with a small discription and a drawn map.

 

Maybe for a house extention or something like that all the additional info is required but taking a branch off a tree c'mon.

 

All it does is put the general public off getting the right permission IMO

[Paul Barton]

LA won't do a site visit unless it's a dangerous tree

R

 

Blimey, your TO must like his office! I am surprised he/she wouldn't meet you to talk through the job.

 

Bear in mind that at the end of the day it will be just as hard for the local authority to prove what is covered by a historic area TPO as it is for you to prove what isn't covered!

[Bundle 2]

Bear in mind that at the end of the day it will be just as hard for the local authority to prove what is covered by a historic area TPO as it is for you to prove what isn't covered!

 

They dont have too.......