TPO confirmed but owner not informed

[Johnelle]

A provisional TPO was placed on our hybrid poplar in Nov 2020

In Jan 2021 the planning committee confirmed the TPO

We, the owners, have never been informed - where do we stand on appeal? Any advice?

[Chris at eden]

Did you object?  It’s not an appeal. You would be looking at a judicial review if anything. 

[Stubby]

2 hours ago, Johnelle said:

A provisional TPO was placed on our hybrid poplar in Nov 2020

In Jan 2021 the planning committee confirmed the TPO

We, the owners, have never been informed - where do we stand on appeal? Any advice?

How did you find out ?

[swinny]

I always thought it's not valid until serviced in writing ... 

 

Even if they had made the tpo theoretically the tree could still be felled if the notice had not been served in writing to the owner....

 

Awaiting confirmation off other folk lol 😂 that's what I thought anyhow

Edited May 4, 2021 by swinny

[Ian C]

15 minutes ago, swinny said:

I always thought it's not valid until serviced in writing ... 

 

Even if they had made the tpo theoretically the tree could still be felled if the notice had not been served in writing to the owner....

 

Awaiting confirmation off other folk lol 😂 that's what I thought anyhow

I think your right but Khriss will know, he knows most things! I

[Khriss]

I always like the back story, did you do something to the tree ..? K

[Chris at eden]

3 hours ago, swinny said:

I always thought it's not valid until serviced in writing ... 

 

Even if they had made the tpo theoretically the tree could still be felled if the notice had not been served in writing to the owner....

 

Awaiting confirmation off other folk lol 😂 that's what I thought anyhow

I think they had been served with the provisional TPO, I.e. under section 201.  It’s the confirmation they were not told about.  
 

[Chris at eden]

3 hours ago, Khriss said:

I always like the back story, did you do something to the tree ..? K

You would think so, or there was the threat of doing something. Otherwise, how would you meet the expediency test?  
 

[Khriss]

9 hours ago, Chris at eden said:

You would think so, or there was the threat of doing something. Otherwise, how would you meet the expediency test?  
 

First think struck me, knows its hybrid Poplar - aggrieved it is now TPO,d  amenity value required so a good pic would be nice 😐 K

[Chris at eden]

40 minutes ago, Khriss said:

First think struck me, knows its hybrid Poplar - aggrieved it is now TPO,d  amenity value required so a good pic would be nice 😐 K

On the other hand though, if they had approached the LPA to check, it makes no sense that they were not informed.  That would be a legal requirement even if they didn’t own the tree.  
 

Could be that the land is unregistered (but owned pre the set up of land reg) and the neighbour enquired and triggered the TPO.  In that case it would be acceptable to serve the neighbour as an interested party and fix the TPO to the tree or the gate to the land and address it to the owner / occupier.  That would then fit into the ‘I have not been told’ bracket. 
 

More info needed before anyone can say whether they could go for JR on a point of law. 
 

Cheers

 

Chris