Holm Oaks x 2

[Watertower62]

I applied to fell 2 Holm Oaks in a Conservation Area. The council didn’t reply within the required 6 weeks - therefore according to Government legislation I have 2 years to complete the work. Another 6 weeks later, the council suddenly placed a TPO on both the trees. I decided the council were wrong and organised a tree surgeon to fell the trees. The tree surgeon has arranged for electric disconnection on the first day for safety. The LPA tree officer has now contacted my tree surgeon and bullied/threatened him if he completes the work.
Anyone come across this before?

[AA Teccie (Paul)]

12 minutes ago, Watertower62 said:

I applied to fell 2 Holm Oaks in a Conservation Area. The council didn’t reply within the required 6 weeks - therefore according to Government legislation I have 2 years to complete the work. Another 6 weeks later, the council suddenly placed a TPO on both the trees. I decided the council were wrong and organised a tree surgeon to fell the trees. The tree surgeon has arranged for electric disconnection on the first day for safety. The LPA tree officer has now contacted my tree surgeon and bullied/threatened him if he completes the work.
Anyone come across this before?

As far as i am aware, if the TPO has been formally 'served', and the trees are still present, they are now protected regardless of the CA 6 week expiry. Removal risks prosecution, both whoever commissions the works and whoever undertakes it. 

Suggest making an application and going to 'appeal' if/when refused.

Regards

Paul

 

[swinny]

You were too slow I'm afraid.... You should have felled them before they served a tpo. 

 

Your tree surgeon should have known if they were worthy of tpo through working in that area and knowing what the tree officer is like.... 

 

If they said con area notification 6 week period ends 21st September.... You should have flopped them on the 22nd or asap aft that date as long as tpo not served through the letter box.

 

Sorry but you dropped the ball here. 

 

Once that tpo is served your buggered.

 

Get a consultant in to see if it is worth appealing.

Edited September 26, 2020 by swinny

[Watertower62]

13 minutes ago, AA Teccie (Paul) said:

As far as i am aware, if the TPO has been formally 'served', and the trees are still present, they are now protected regardless of the CA 6 week expiry. Removal risks prosecution, both whoever commissions the works and whoever undertakes it. 

Suggest making an application and going to 'appeal' if/when refused.

Regards

Paul

 

 

[Watertower62]

So what is the point of the government 2 year window to complete 5he work?

[Watertower62]

11 minutes ago, swinny said:

You were too slow I'm afraid.... You should have felled them before they served a tpo. 

 

Your tree surgeon should have known if they were worthy of tpo through working in that area and knowing what the tree officer is like.... 

 

If they said con area notification 6 week period ends 21st September.... You should have flopped them on the 22nd or asap aft that date as long as tpo not served through the letter box.

 

Sorry but you dropped the ball here. 

 

Once that tpo is served your buggered.

 

Get a consultant in to see if it is worth appealing.

So what is the point in the governments 2 year window?

[swinny]

3 minutes ago, Watertower62 said:

So what is the point in the governments 2 year window?

This is to allow you sensible.time.to do.the works.... The tpo trump's the con area works. Tree officer was obv running behind or dropped the ball then realised and slapped a tpo on.

 

You get 2 years to do tpo works aswell...

[Watertower62]

1 minute ago, swinny said:

This is to allow you sensible.time.to do.the works.... The tpo trump's the con area works. Tree officer was obv running behind or dropped the ball then realised and slapped a tpo on.

 

You get 2 years to do tpo works aswell...

 

[Watertower62]

Where does it say that the tree officer can trump government legislation? eg. 2 years to complete the work.

[swinny]

Just now, Watertower62 said:

Where does it say that the tree officer can trump government legislation? eg. 2 years to complete the work.

Sorry but I won't tell you again. Once a tpo is served its served. A tpo trump's the con area work / protection because the tree officer obv thought it was worth keepi g the trees. 

 

Your frustrated yes but it is what it is.... 

 

Apply to fell and appeal if you want

[Watertower62]

1 minute ago, swinny said:

Sorry but I won't tell you again. Once a tpo is served its served. A tpo trump's the con area work / protection because the tree officer obv thought it was worth keepi g the trees. 

 

Your frustrated yes but it is what it is.... 

 

Apply to fell and appeal if you want