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?

[Chris at eden]

23 hours ago, Watertower62 said:

Meant to update this before. The LPA Tree Officer & his assistant visited the site mid December 2020 - still couldn’t show us any legislation that shows they can place a TPO well after the 6 week period of the Section 211 ..... like anyone on this forum.

TO said he’d like 2 Holm Oaks replaced, we said no, take us to court.

Our original application was to replace with Rowan Trees - he didn’t want those.

TO then suggested replacing with a Holly Tree & a Magnolia Grandiflora - a result for all!

Three months later we were sent an email asking us to buy and plant the trees in the middle of March and send photos to confirm.

Holly & Magnolia are planted & 54 sacks of logs chopped by ourselves during lockdown 🙌🏼

He can make a TPO any time.  They are made in accordance with the 2012 regs, that is the legislation you mention. Clearly the TO isn’t confident in what he is doing otherwise you could be in trouble. I would plant the trees and consider yourself lucky. If he gets ambitious this could still be a problem. 
 

The blue book is not relevant. It was withdrawn in 2012 as it does not reflect the new regs. They never produced a new blue book, instead they produced the online guidance. 
 

This states that LPAs have 3 options when receiving a 211 notice. 
 

1. Write to you saying no objection to the works. 
2. Ignore the notice and you can work after 6 weeks. 
3. Serve a TPO. 
 

The guidance states that when making a TPO, it should preferably be within the six weeks.  But, it doesn’t say it has to be, that it doesn’t is implied by the word preferably.  You could probably claim mitigating circumstances but if it was served registered post (as it should be) I don’t think it would get you far.   
 

ultimately, the trees had been picked up by a different piece of legislation that you hadn’t applied for work under.  I don’t see how the 211 notice is relevant. Can’t say I have heard of this simulation before though so keep us posted. 
 

cheers 

 

Chris. 
 

[Chris at eden]

10 minutes ago, Chris at eden said:

He can make a TPO any time.  They are made in accordance with the 2012 regs, that is the legislation you mention. Clearly the TO isn’t confident in what he is doing otherwise you could be in trouble. I would plant the trees and consider yourself lucky. If he gets ambitious this could still be a problem. 
 

The blue book is not relevant. It was withdrawn in 2012 as it does not reflect the new regs. They never produced a new blue book, instead they produced the online guidance. 
 

This states that LPAs have 3 options when receiving a 211 notice. 
 

1. Write to you saying no objection to the works. 
2. Ignore the notice and you can work after 6 weeks. 
3. Serve a TPO. 
 

The guidance states that when making a TPO, it should preferably be within the six weeks.  But, it doesn’t say it has to be, that it doesn’t is implied by the word preferably.  You could probably claim mitigating circumstances but if it was served registered post (as it should be) I don’t think it would get you far.   
 

ultimately, the trees had been picked up by a different piece of legislation that you hadn’t applied for work under.  I don’t see how the 211 notice is relevant. Can’t say I have heard of this simulation before though so keep us posted. 
 

cheers 

 

Chris. 
 

P.s.  just noticed you said replacements had been planted. Lucky escape. 
 

I hadn’t looked at the blue book in years so just dug it out. The bottom of page 60 actually states that you can make a TPO after the 6 weeks!  
 

[Wonky]

13 hours ago, Chris at eden said:

He can make a TPO any time.  They are made in accordance with the 2012 regs, that is the legislation you mention. Clearly the TO isn’t confident in what he is doing otherwise you could be in trouble. I would plant the trees and consider yourself lucky. If he gets ambitious this could still be a problem. 
 

The blue book is not relevant. It was withdrawn in 2012 as it does not reflect the new regs. They never produced a new blue book, instead they produced the online guidance. 
 

This states that LPAs have 3 options when receiving a 211 notice. 
 

1. Write to you saying no objection to the works. 
2. Ignore the notice and you can work after 6 weeks. 
3. Serve a TPO. 
 

The guidance states that when making a TPO, it should preferably be within the six weeks.  But, it doesn’t say it has to be, that it doesn’t is implied by the word preferably.  You could probably claim mitigating circumstances but if it was served registered post (as it should be) I don’t think it would get you far.   
 

ultimately, the trees had been picked up by a different piece of legislation that you hadn’t applied for work under.  I don’t see how the 211 notice is relevant. Can’t say I have heard of this simulation before though so keep us posted. 
 

cheers 

 

Chris. 
 

Can you link to the document that superseded the older doc 

cheers

[Chris at eden]

5 minutes ago, Wonky said:

Can you link to the document that superseded the older doc 

cheers

See below:

 

Tree Preservation Orders and trees in conservation areas - GOV.UK (www.gov.uk)

 

Cheers 

 

Chris